Sec. 218

transportation minimum charges

filed.

charges, notice.

Modification of

schedules or, in the discretion of the Commission, copies of contracts containing the minimum charges of such carrier for the transportation of passengers or property in interstate or foreign commerce, and any rule, regulation, or practice affecting such charges and the value of the service thereunder. No such contract carrier, unless Engaging in otherwise provided by this part, shall engage in the unlawful unless transportation of passengers or property in interstate or published and foreign commerce unless the minimum charges for such transportation by said carrier have been published, filed, and posted in accordance with the provisions of this part. No reduction shall be made in any such charge Reductions in either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder, except after thirty days' notice of the proposed change filed in the aforesaid form and manner; but the Commission may, in its discretion and for good cause shown, allow such change upon less notice, or modify the requirements of this paragraph with respect requirements by to posting and filing of such schedules or copies of con- Cominission. tracts, either in particular instances, or by general order applicable to special or peculiar circumstances or conditions. Such notice shall plainly state the change pro- plain statement. posed to be made and the time when such change will take effect. No such carrier shall demand, charge, or collect a less compensation for such transportation than scribed minimum the charges filed in accordance with this paragraph, as collected. affected by any rule, regulation, or practice so filed, or as may be prescribed by the Commission from time to time, and it shall be unlawful for any such carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the minimum charges so filed or prescribed: Provided, That any such carrier or carriers, or visions for pubany class or group thereof, may apply to the Commission lishing schedules. for relief from the provisions of this paragraph, and the Commission may, after hearing, grant such relief to such -hearing. extent and for such time, and in such manner as in its judgment is consistent with the public interest and the with public Inpolicy declared in section 202 (a) of this part.

Notice of change,

Published or pre

charges to be

Relief from pro

-consistency

terest and policy.

vestigation as to

(b) 2 Whenever, after hearing upon complaint or its Complaint or inown initiative, the Commission finds that any charge of contract carrier's

Complaints, under part I, sec. 13 (1), (2); orders of Commission, sec. 15 (1), ante.

charges, etc.

Sec. 218

Prescription of

rule, etc.

-not to give

any contract carrier or carriers by motor vehicle, or any rule, regulation, or practice of any such carrier or carriers affecting such charge, or the value of the service thereunder, for the transportation of passengers or property in interstate or foreign commerce, contravenes the policy miniinum charge, declared in section 202 (a) of this part, the Commission may prescribe such minimum charge, or such rule, regulation, or practice as in its judgment may be necessary or desirable in the public interest and to promote the policy declared in said section. Such minimum charge, or such rule, regulation, or practice, so prescribed by the Comundue advantage mission, shall give no advantage or preference to any such rier as against carrier in competition with any common carrier by motor vehicle subject to this part, which the Commission may find to be undue or inconsistent with the public interest Cost of service and the policy declared in said section, and the Commission shall give due consideration to the cost of the services rendered by such carriers and to the effect of such miniComplaints, alle mum charge, or such rules, regulations, or practices, upon the movement of traffic by such carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath.

to contract car

others.

and effect of

mininum charge considered.

gations, under

oath.

Investigation of reduced charge.

-upon com

plaint or on Initiative of Commission.

-hearing.

8

(c) Whenever there shall be filed with the Commission by any such contract carrier any schedule or contract stating a reduced charge directly, or by means of any rule, regulation, or practice, for the transportation of passengers or property in interstate or foreign commerce, the Commission is hereby authorized and empowered upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge, or such rule, regulation, or practice, and pending such hearing and the decision. thereon the Commission, by filing with such schedule or contract and delivering to the carrier affected Suspension pend- thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule or contract and defer the use of such charge, or such rule, regulation, or practice, for a period of ninety days, and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension, but not for a 'Similar provisions under part I, sec. 15 (7), ante.

ing decision.

Period of suspension.

-extension.

Secs. 219-220

longer period in the aggregate than one hundred and eighty days beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the Commission may make such order with order as to rereference thereto as would be proper in a proceeding insti- duced charge, etc. tuted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, Proposed change regulation, or practice shall go into effect at the end of in effect at end such period: Provided, That this paragraph shall not apply to any initial schedule or schedules, or contract or Initial schedules contracts, filed by any such carrier in bona fide operation and contracts when this section takes effect.

RECEIPTS OR BILLS OF LADING

of period.

excepted.

Carmack, Cum

SEC. 219. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 563. I, title 49, sec. 319.] The provisions of section 20 (11) mins, and Newof part I shall apply with like force and effect to receipts apply. or bills of lading of common carriers by motor vehicle.

ACCOUNTS, RECORDS, AND REPORTS

ton amendments

49 Stat. L. 563.

specific an

Verification.

SEC. 220. [Added August 9, 1935.] [U. S. Code, Sup. Commission may I, title 49, sec. 320.] (a)1 The Commission is hereby au require reports. thorized to require annual, periodical, or special reports from all motor carriers, to prescribe the manner and form in which such reports shall be made, and to require from such carriers specific answers to all questions upon swers. which the Commission may deem information to be necessary. Such reports shall be under oath whenever the Commission so requires. The Commission may also require any motor carrier to file with it a true copy of each arrangements, or any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to any traffic affected by the provisions of this part, to which he or it may be a party.

2

(b) The Commission may, in its discretion, prescribe

Contracts and

filing copies.

ords, memoran.

the forms of any and all accounts, records, and memo- Accounts, recranda to be kept by motor carriers and the length of time da, forms such accounts, records, and memoranda shall be pre

1 Reports required under part I, sec. 20 (1), (2); filing copies of traffic contracts, sec. 6 (5), ante.

Prescription of forms of accounts, records, etc., under part I, sec. 20 (5), ante.

prescribed.

Secs. 220-221

mission to property of motor carriers.

records, etc.

served, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and Access by Com- expenditures of money. The Commission or its duly authorized special agents or examiners shall at all times have access to all lands, buildings, or equipment of motor carriers used in connection with interstate or foreign opto accounts, eration and also all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept, or required to be kept, by motor carriers. The special agents or examiners of the Commission shall have authority under its order to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda, including all documents, papers, and correspondence now or hereReceivers, oper- after existing and kept or required to be kept by such carriers. This provision shall apply to receivers of carriers and to operating trustees and, to the extent deemed necessary by the Commission, to persons having control, direct or indirect, over or affiliated with any motor carrier.

Special agents or examiners, access to property or paper's.

ating trustees, controlling or affiliated persons.

Brokers included.

49 Stat. L. 563.

Designation of

service.

66

(c) As used in this section the term motor carriers includes brokers.

ORDERS, NOTICES, AND SERVICE OF PROCESS

1

SEC. 221. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 321.] (a) 1It shall be the duty of every motor carrier to file with the board of each State in which it operates under a certificate or permit issued agent to receive under this part, and with the Commission, a designation. in writing of the name and post-office address of a person upon whom or which service of notices or orders may be made under this part. Such designation may from time to time be changed by like writing similarly filed. Service of notices Service of notices or orders in proceedings under this part may be made upon a motor carrier by personal service upon it or upon the person so designated by it, or by registered mail addressed to it or to such person at the address filed. In default of such designation, service of any notice or order may be made by posting in the office of the secretary or clerk of the board of the State wherein the motor carrier maintains headquarters

or orders, how

made.

personally or

by mail.

posting.

'Resident agent of carriers in Washington, U. S. Code, title 49, sec. 50 (Act of June 18, 1910, sec. 6, 36 Stat. L. 544; Oct. 22, 1913, 38 Stat. L. 219), p. 135, post.

Secs. 221-222

and in the office of the secretary of the Commission. Notice deemed Whenever notice is given by mail as provided herein served when the date of mailing shall be considered as the time when

notice is served.

mailed.

effective.

continuance in

effect.

(b) 2 Except as otherwise provided in this part, all Orders, when orders of the Commission shall take effect within such reasonable time as the Commission may prescribe and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or suspension, set aside by a court of competent jurisdiction.

vacation.

agent to receive

process.

(c) Every motor carrier shall also file with the board Designation of of each State in which it operates a designation in service of judicial writing of the name and post-office address of a person in such State upon whom process issued by or under the authority of any court having jurisdiction of the subject matter may be served in any proceeding at law or equity brought against such carrier. Such designation may from time to time be changed by like writing similarly filed. In the event such carrier fails to file Service on such designation, service may be made upon any agent of designation. such motor carrier within such State.

in default of

(d) As used in this section, the term "motor carriers" Brokers included. includes brokers.

UNLAWFUL OPERATION

Penalty, viola

order, or condi

SEC. 222. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 322.] (a)1 Any person knowingly and 49 Stat. L. 564. willfully violating any provision of this part, or any tion of law, rule, rule, regulation, requirement, or order thereunder, or any tion. term or condition of any certificate, permit, or license, for which a penalty is not otherwise herein provided, shall, upon conviction thereof, be fined not more than $100 for the first offense and not more than $500 for any subsequent offense. Each day of such violation shall constitute a separate offense.

(b) 2 If any motor carrier or broker operates in violation of any provision of this part (except as to the reasonableness of rates, fares, or charges and the discrimina

2Similar provision as to orders under part I, sec. 15 (2), ante. 'Similar provision under part I, sec. 10 (1), ante. "Similar provisions under part I, as to injunction, etc., against unauthorized operations, sec. 1 (20); jurisdiction to compel compliance, mandamus, sec. 20 (9), ante.