carrier under subsection (a) of this section has become effective, the Commission may order the carrier to continue any part of the intrastate transportation in not to exceed the 165day period beginning on the date the carrier files such petition with the Commission.

(g)(1) In making a finding under subsection (e)(1) of this section, the Commission shall accord great weight to the extent to which interstate and intrastate revenues received for providing the transportation proposed to be discontinued or reduced are less than the variable costs of providing such transportation, including depreciation for revenue equipment. For purposes of the preceding sentence, the carrier filing a petition for permission to discontinue or reduce service shall have the burden of proving the amount of the interstate and intrastate revenues received for providing the transportation and the variable costs of providing the transportation.

(2) In making a finding under subsection (e)(1) or (e)(2) of this section, the Commission shall consider, to the extent applicable, at least

(A) the national transportation policy of section 10101 of this title;

(B) whether the motor common carrier of passengers has received an offer of, or is receiving, financial assistance to provide the transportation to be discontinued or reduced from a financially responsible person (including a governmental authority); and

(C) in the case of a petition to discontinue transportation to any point, whether the transportation is the last motor carrier of passenger service to such point and whether a reasonable alternative to such service is available.

(h) No State or political subdivision thereof and no interstate agency or other agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to discontinuance or reduction in the level of intrastate service by a motor common carrier of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title corresponding to an interstate service initiated pursuant to the provisions of section 10922(c)(4) of this title, except to the extent that notice of discontinuance or reduction in service, not in excess of 30 days, may be required.

(i) This section shall not apply to any carrier owned or controlled by a State or local government.

(Added Pub. L. 97-261, § 16(a), Sept. 20, 1982, 96 Stat. 1115.)

REFERENCES IN TEXT

The effective date of this section, referred to in subsec. (e)(2)(B), is the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title.

EFFECTIVE DATE

Section effective the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title.

EMPLOYEE PROTECTION

Section 27 of Pub. L. 97-261 provided that: "(a)(1) Each individual who is eligible for protection under this section and whose employment is terminated by a motor common carrier of passengers (other than for cause) prior to the last day of the 10-year period beginning on the date of enactment of this Act [Sept. 20, 1982] shall have a right of priority reemployment, in his or her occupational specialty, by such carrier at such time as such carrier is hiring additional employees.

"(2) Any motor common carrier of passengers hiring additional employees shall have a duty to hire an individual eligible for protection under this section, in his or her occupational specialty, before hiring any other individual if such individual

"(A) was terminated previously by such carrier; "(B) has applied for a vacant position for which such carrier is accepting applications; and

"(C) at the time the application is filed, has notified such carrier that he or she is eligible for protection under this section.

"(b)(1) Each individual who is eligible for protection under this section and whose employment is terminated by a motor common carrier of passengers (other than for cause) prior to the last day of the 10-year period beginning on the date of enactment of this Act [Sept. 20, 1982] shall have a right of consideration for employment, in his or her occupational specialty, by any other motor common carrier of passengers who is hiring additional employees.

"(2) Each motor common carrier of passengers who is hiring additional employees shall have a duty to consider for employment, in his or her occupational specialty, an individual who is eligible for protection under this section if such individual

"(A) has applied for a vacant position for which such carrier is accepting applications; and

"(B) at the time the application is filed, has notified such carrier that he or she is eligible for protection under this section.

"(c) An individual (other than a member of a board of directors or an officer of a corporation) who was employed by a motor common carrier of passengers for the 2-year period ending on the date of enactment of this Act [Sept. 20, 1982] shall be eligible for protection under this section if, upon application of such individual, the Commission determines that the employment of such individual has been terminated by a motor common carrier of passengers having intrastate authority under the laws of a State, and interstate authority under a certificate issued under section 10922 of title 49, United States Code, to provide transportation over any route to any point in such State as a result of such carrier

"(1) discontinuing (A) interstate service over such route under section 10925(b) of such title, and (B) intrastate service over such route (i) under section 10935 of such title, or (ii) under the laws of such State;

"(2) reducing (A) interstate service over such route under subtitle IV of such title, and (B) intrastate service over such route (i) under section 10935 of such title, or (ii) under the laws of such State; or

"(3) substantially reducing (A) interstate service over such route under subtitle IV of such title, and (B) intrastate service over such route (i) under section 11501(e) of such title, or (ii) under the laws of such State.

In a proceeding to determine whether an individual is eligible for protection under this section, it shall be the obligation of the individual whose employment has been terminated by a motor common carrier of passengers to identify to the Commission the discontinuance or reduction which such individual alleges resulted in such termination and to specify the pertinent facts; and it shall be the obligation of any carrier contesting the eligibility of the individual for protec

(A) to be used is that of (i) a farmer or a cooperative association or a federation of cooperative associations under section 10526(a)(4) or (5) of this title, or (ii) a motor private carrier and it is used regularly in the transportation of property referred to in section 10526(a)(6) of this title, or perishable products manufactured from perishable property referred to in that section; and

(B) is to be used by the carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area where the motor vehicle is based; or

(2) the motor vehicle to be used has completed a movement exempt under section 10526(a)(6) of this title and is next to be used by that carrier in a loaded movement in any direction or in a movement referred to in clause (1)(B) of this subsection, or both. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96-258, § 1(10), June 3, 1980, 94 Stat. 426; Pub. L. 96-448, title II, § 222, Oct. 14, 1980, 94 Stat. 1929.)

HISTORICAL AND REVISION NOTES

Feb. 4, 1887, ch. 104, § 1(4) (1st sentence 14th-23d words); 24 Stat. 379; June 29, 1906, ch. 3591, 1, 34 Stat. 584; Feb. 28, 1920, ch. 91, § 400, 41 Stat. 475; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 2(c), 54 Stat. 900.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 216(a) (25th-44th words), (b) (16th-33d words); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 558. Feb. 4, 1887, ch. 104, 24 Stat. 379, 305(a) (1st sentence

1st clause); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 934.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 8404(a) (1st clause); added May 16, 1942, ch. 318, 1, 56 Stat. 286. Feb. 4, 1887, ch. 104, 24 Stat.

379, § 204(a)(1) (related to service); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 546.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 403(b); added May 16, 1942, ch. 318, 1, 56 Stat. 285.

49:316(a) and (b) are omitted in view of chapter 105 of the revised title.

In subsection (b), the word "prescribe" is substituted for "establish" for consistency. The word "reasonable" is omitted as surplus. The words "of passengers" are inserted for clarity. The provisions related to regulation of common and contract carriers by motor vehicle and brokers are omitted as surplus in view of the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 and the licensing requirements of subchapter II of chapter 109 of the revised title.

In subsection (c), the words "may not" are substituted for "nothing in this chapter shall be construed to authorize" for clarity. The word "arrangement" is substituted for "lease, contract, or other arrangement" to eliminate redundancy. The words "referred to in" are substituted for "of a character embraced within" for clarity.

1980 ACT

This makes technical changes in section 11101(c)(1) to conform to the source provision.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-448 inserted provision that a rail carrier not be found to have violated this section because it fulfills its commitments under contracts approved under section 10713 of this title before responding to reasonable requests for service.

Subsec. (c)(1). Pub. L. 96-258, § 1(10)(A)-(C), combined subpars. (A) and (B) into subpar. (A) by substituting", or (ii) a motor private carrier and it" for "or a motor private carrier; (B)", by adding designation for cl. (i), and by deleting the designations for cls. (i) and (ii) in former subpar. (B), and redesignated subpar. (C) as (B).

Subsec. (c)(2). Pub. L. 96-258, § 1(10)(D), substituted "clause (1)(B)" for "clause (1)(C)".

EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

Amendment by Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10341, 10713, 10922, 10925, 11107, 11126 of this title.

§ 11102. Classification of carriers

The Interstate Commerce Commission may classify and maintain requirements for groups of carriers included in the terms "motor common carrier", "water common carrier", "motor contract carrier", or "water contract carrier" and for brokers, when required because of the special nature of the transportation provided by them.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419.) HISTORICAL AND REVISION NOTES

11101(c)..... 49:304(f).

Subsection (a) restates and consolidates the source provisions for clarity. The words "or service" are retained as related to freight forwarders in view of subchapter IV of chapter 105 of the revised title. The words "thereto" and "therefor" are omitted as surplus. The words "interstate or foreign commerce" in

11-617 VOL. 18 0-84-62

49:904(c).

Feb. 4, 1887, ch. 104, 24 Stat. 379,204(b); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 546; Sept. 18, 1940, ch. 722, 20(b)(3), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 304(c); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 934.

8 11103. Use of terminal facilities

(a) The Interstate Commerce Commission may require terminal facilities, including mainline tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, to be used by another rail carrier if the Commission finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the carriers cannot agree, the Commission may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a carrier may begin to use the facilities of another carrier under this section.

(b) A rail carrier whose terminal facilities are required to be used by another carrier under this section is entitled to recover damages from the other carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both, as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.

(c)(1) The Commission may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Commission may establish such conditions and compensation.

(2) The Commission may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96-448, title II, § 223, Oct. 14, 1980, 94 Stat. 1929.)

In subsection (a), the words "may require" are substituted for "shall have power by order to require" to eliminate redundancy. The words "carriers are responsible for establishing" are substituted for "carriers af fected may agree" for clarity. The word "conditions" is substituted for "terms" for consistency. The word "establish" is substituted for "fix" for consistency. The words "just and reasonable" are omitted as surplus in view of the requirement that conditions be established as if in a condemnation proceeding. The word "duly" is omitted as surplus.

In subsection (b), the words "civil action" are substi tuted for "suit or action" to conform to title 28. The word "proper" is omitted as surplus. The words "as appropriate" are substituted for "as the case may be" for clarity.

AMENDMENTS

1980-Subsec. (c). Pub. L. 96-448 added subsec. (c).

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10705, 10711, 11126 of this title.

§ 11104. Switch connections and tracks

(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or pri vate side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection(1) is reasonably practicable; (2) can be made safely; and

(3) will furnish sufficient business to justify its construction and maintenance.

(b) If a common carrier fails to install and op erate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Commission under section 11701 of this title. The Commission shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connec tion. The Commission may direct the common carrier to comply with subsection (a) of this section only after a full hearing.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1420.)

In subsection (a), the words "the owner of" are inserted for clarity and for consistency with 49:1(9) (last sentence). The words "a switch connection to connect" are substituted for "which may be constructed to connect" for clarity.

In subsection (b), the word "investigate" is substituted for "hear and investigate" to eliminate redundancy. The words "decide" and "full hearing" are inserted for clarity and as substitutes for the cross reference to 49:15. The last clause of 49:1(9) (last sentence) is omitted as unnecessary in view of section 10324 of the revised title.

The words "may . . . only when" are substituted for "It shall be unlawful for... unless and until" for clarity. The words "make or enter into" are omitted as unnecessary. The word "arrange" is substituted for "contract, agreement, or arrangement" to eliminate redundancy. The words "finds the arrangement" are substituted for "has been submitted to and approved by" in view of subchapter II of chapter 103 of the revised title. The words "subject to the jurisdiction" are substituted for "interstate or foreign commerce" as being more precise and in view of the codification of all jurisdictional provisions in chapter 105 of the revised title. The words "to be reasonable and in the public interest" are substituted for "as just, reasonable, and consistent with the public interest" for consistency. See the revision note to section 10101 of the revised title. The words "to continue after April 1, 1941," and the proviso following the 62d word of 49:1(14)(b) [(c)] are omitted as executed.

[49:1(14)(b) was redesignated 49:1(14)(c) by Pub. L. 95-607, title IV, § 402, Nov. 8, 1978, 92 Stat. 3067.]

In subsection (a), the word "may" is substituted for "is authorized" for clarity. The words "under such rules and regulations as it shall prescribe" are omitted as unnecessary in view of subchapter II of chapter 103 of the revised title. The word "suitable" is omitted as surplus.

In subsection (b), the word "use" is substituted for "substitute, transfer, or use" to eliminate redundancy. The words "is prohibited and shall be unlawful" are omitted as surplus. The next-to-last sentence is omitted as surplus in view of section 484 of title 31.

§ 11107. Leased motor vehicles

(a) Except as provided in section 11101(c) of this title, the Interstate Commerce Commission may require a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title that uses motor vehicles not owned by it to transport property under an arrangement with another party to-

(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier;

(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect;

(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and

(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary of Transportation on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.

(b) The Commission shall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title