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Secs. 208-209

Property trans

sengers.

(d) A certificate for the transportation of passengers ported with pas may include authority to transport in the same vehicle with the passengers, newspapers, baggage of passengers, express, or mail, or to transport baggage of passengers in a separate vehicle.

Contract car

thorizing operation.

ing July 1, 1935.

PERMITS FOR CONTRACT CARRIERS BY MOTOR VEHICLE

SEC. 209. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 552.1, title 49, sec. 309.] (a) No person shall engage in the riers, permit au- business of a contract carrier by motor vehicle in interstate or foreign commerce on any public highway or within any reservation under the exclusive jurisdiction of the United States unless there is in force with respect to such carrier a permit issued by the Commission. -aving clause, authorizing such person to engage in such business: Procarriers operat vided, That, subject to section 210, if any such carrier or a predecessor in interest was in bona fide operation as a contract carrier by motor vehicle on July 1, 1935, over the route or routes or within the territory for which application is made and has so operated since that time, or, if engaged in furnishing seasonal service, only, was in bona fide operation on July 1, 1935, during the season ordinarily covered by its operations, except in either instance as to interruptions of service over which the applicant or its predecessor in interest had no control,

-issuance of

proof.

-applications for permits.

--effect of registration under code.

permits without the Commission shall issue such permit, without further proceedings, if application for such permit is made to the Commission as provided in paragraph (b) of this section and within one hundred and twenty days after this section shall take effect and if such carrier was registered on July 1, 1935, under any code of fair competition requiring registration, the fact of registration shall be evidence of bona fide operation to be considered in connection with the issuance of such permit. Otherwise the application for such permit shall be decided in accordance with the procedure provided for in paragraph (b) of this section and such permit shall be issued or denied accordingly. Pending determination of any such application the continuance of such operation shall be lawful. Any person, not included within the foregoing provisions of this paragraph, who or which is engaged in transportation as a contract carrier by motor vehicle when this section takes effect, may continue such operation for a period of one hundred and twenty days

Continuance of operation after application.

Sec. 209

prescribed.

national parks or

cepted.

thereafter without a permit and, if application for such permit is made within such period, the carrier may, under such regulations as the Commission shall prescribe, regulations continue such operation until otherwise ordered by the Commission: Provided further, That nothing in this Motor vehicles in part shall be construed to repeal, amend, or otherwise monuments exmodify any Act or Acts relating to national parks and national monuments under the administrative jurisdiction of the Secretary of the Interior, or to withdraw such authority or control as may by law be held by the Secretary of the Interior with respect to the admission and operation of motor vehicles in any national park or national monument of the United States.

Applications for

applicant.

(b) Applications for such permits shall be made to the Commission in writing, be verified under oath, and permits. shall be in such form and contain such information and be accompanied by proof of service upon such interested service. parties as the Commission may, by regulations, require. Subject to section 210, a permit shall be issued to any qualified applicant therefor authorizing in whole or in part the operations covered by the application, if it hearings. appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able prop- Qualifications of erly to perform the service of a contract carrier by motor vehicle, and to conform to the provisions of this part and the lawful requirements, rules, and regulations of the Commission thereunder, and that the proposed operation, to the extent authorized by the permit will be consistent with the public interest and the policy declared in section 202 (a) of this part; otherwise such application shall be denied. The Commission shall specify in the Business specified permit the business of the contract carrier covered thereby and the scope thereof and shall attach to it, at the time of issuance, and from time to time thereafter, such reasonable terms, conditions, and limitations con- Reasonable sistent with the character of the holder as a contract tions, and limi carrier as are necessary to carry out, with respect to the operations of such carrier, the requirements established by the Commission under section 204 (a) (2) and (6): Provided, however, That no terms, conditions, or limita- additional tions shall restrict the right of the carrier to substitute facilities unreor add contracts within the scope of the permit, or to add to his or its equipment and facilities, within the scope of the permit, as the development of the business and the demands of the public may require.

in permit.

terms, condi

tations.

equipment and

stricted.

Secs. 210-211

49 Stat. L. 554.

to hold certifi

DUAL OPERATION

SEC. 210. [Added August 9, 1935.] [U. S. Code, Sup. I, Same person not title 49, sec. 310.] No person, after January 1, 1936, shall cate and permit. at the same time hold under this part a certificate as a common carrier and a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown the Commission shall find that such certificate and permit may be held consistently with the public interest and with the policy declared in section 202 (a) of this part.

-exception

requisite.

-certificate or

permit necessary

tion.

BROKERAGE LICENSES

SEC. 211. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 554. I, title 49, sec. 311.] (a) No person shall for compensation sell or offer for sale transportation subject to this part or shall make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation or shall hold himself or itself out by advertisement, solicitation, or otherwise as one who sells, provides, Broker's license procures, contracts, or arranges for such transportation, unless such person holds a broker's license issued by the Commission to engage in such transactions: Provided however, That no such person shall engage in transpor for transporta- tation subject to this part unless he holds a certificate or permit as provided in this part. In the execution of any contract, agreement, or arrangement to sell, provide, procarrier not to be cure, furnish, or arrange for such transportation, it shall be unlawful for such person to employ any carrier by motor vehicle who or which is not the lawful holder of an effective certificate or permit issued as provided in this part: And provided further, That the provisions of this paragraph shall not apply to any carrier holding a certificate or a permit under the provisions of this part or to any bona fide employee or agent of such motor carrier, so far as concerns transportation to be furnished wholly by such carrier or jointly with other motor carriers holding like cetificates or permits, or with a common. carrier by railroad, express, or water.

-unauthorized

employed.

Certificate or permit holder and employees excepted.

Issuance of license.

(b) A brokerage license shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to

Secs. 211-212

applicant.

operation after

perform the service proposed and to conform to the pro- Qualifications of visions of this part and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, to the extent to be authorized by the license, is, or will be consistent with the public interest and the policy declared in section 202 (a) of this part; otherwise such application shall be denied. Any broker Continuance in in operation when this section takes effect may continue application. such operation for a period of one hundred and twenty days thereafter without a license, and if application for such license is made within such period, the broker may, under such regulations as the Commission shall prescribe, regulations continue such operations until otherwise ordered by the Commission.

prescribed.

Protection of

shippers, regula

roker.

(c) The Commission shall prescribe reasonable rules and regulations for the protection of travelers or shippers travelers and by motor vehicle, to be observed by any person holding tions binding a brokerage license, and no such license shall be issued or remain in force unless such person shall have furnished a bond or other security approved by the Commission, bonds, finanin such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements, or arrangements therefor.

cial responsibil

ity.

Accounts, rec

spection, preser

(d) The Commission and its special agents and examiners shall have the same authority as to accounts, ords, etc., inreports, and records, including inspection and preserva- vation. tion thereof, of any person holding a brokerage license issued under the provisions of this section, that they have under this part with respect to motor carriers subject thereto,

SUSPENSION, CHANGE, REVOCATION, AND TRANSFER OF
CERTIFICATES, PERMITS, AND LICENSES

49 Stat. L. 555.

SEC. 212. [Added August 9, 1935.] [U. S. Code, Sup. 1, title 49, sec. 312.] (a) Certificates, permits, and licenses Effective date

shall be effective from the date specified therein, and and period. shall remain in effect until terminated as herein provided. Any such certificate, permit, or license may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in part, pension, revoca or may upon complaint, or on the Commission's own in- tion. itiative, after notice and hearing, be suspended, changed, notice, hearor revoked, in whole or in part, for willful failure to

Amendment, sus

ing.

Secs. 212-213

cause.

comply with any provision of this part, or with any lawful order, rule, or regulation of the Commission promulgated thereunder, or with any term, condition, or limitation of such certificate, permit, or license: Provided, however, That no such certificate, permit, or license shall be revoked (except upon application of the holder) unless the holder thereof willfully fails to comply, within a reasonable time, not less than ninety days, willful noncom- to be fixed by the Commission, with a lawful order of the Commission, made as provided in section 204 (d), commanding obedience to the provision of this part, or to the rule or regulation of the Commission thereunder, or to the term, condition, or limitation of such certificate, permit, or license, found by the Commission to have been violated by such holder.

pliance with

order.

Transfer of certificate or per mit-rules.

49 Stat. L. 555.

which consolida

tions and merg.

ers lawful.

operating con

tract.

(b) Except as provided in section 213, any certificate or permit may be transferred, pursuant to such rules and regulations as the Commission may prescribe.

CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL

SEC. 213. [Added August 9, 1935.] [U. S. Code, Sup. I, Conditions under title 49, sec. 313.] (a)1 It shall be lawful, under the conditions specified below, but under no other conditions, for two or more motor carriers which are not also carriers by railroad to consolidate or merge their properties, or any part thereof, into one corporation for the ownership, management, and/or operation of the properties theretofore in separate ownership; or for any such motor carrier Purchase, lease, or two or more such carriers jointly, to purchase, lease, or contract to operate the properties, or any part thereof, of another such carrier; or for any such motor carrier or two or more such carriers jointly, to acquire control of another such carrier through purchase of its stock; or for a person which is not a motor carrier or a carrier by rail-by non-carrier. road, or express, or water to acquire control of two or more motor carriers through ownership of their stock; additional car or for any such person which has control of one or more motor carriers to acquire control of another such carrier through ownership of its stock; or for a carrier by railcarriers and mo- road, express, or water to consolidate, or merge with, or acquire control of, any motor carrier or to purchase, lease,

Acquisition of control, by motor carriers.

riers.

Railroad, express, or water

tor carrier.

or contract to operate its properties, or any part thereof.

1

Consolidations, mergers, control, etc., under part I, sec. 5 (2), et seq., ante.

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