§10341. Jurisdiction
(a) The Interstate Commerce Commission may refer a matter related to motor carriers providing, or brokers for, transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, to a joint board established under section 10342 of this title for action. When the operation of a motor carrier or broker involves not more than 3 States, the Commission shall refer the following matters to a joint board for action when an opportunity for a proceeding is required or when the Commission finds that it is desirable:
(1) an application for a certificate, permit, or license.
(2) a suspension, change, or revocation of a certificate, permit, or license.
(3) an application for approval and authorization of a consolidation, merger, or acquisition of control or of an operating contract.
(4) a complaint about a violation by a motor carrier or broker of a requirement established under section 10321(a), 10525, 11101(b), or 11142(b) of this title.
(5) a complaint about rates of motor carriers or practices of brokers.
(b) Notwithstanding subsection (a) of this section, if the Commission is prevented by legal proceedings from referring a matter to a joint board, the Commission may determine the matter under subchapter II of this chapter.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10341 | 49:303(a)(4), 305(a) (1st and 2d sentences), (b) (2d sentence 13th–37th words). | Feb. 4, 1887, ch. 104, |
The first sentence is substituted for 49:305(a) (2d sentence) and the words "and the Commission may, in its discretion, when operations of motor carriers or brokers conducted or proposed to be conducted involve more than three States" for clarity since the source provision only limits the discretionary power of the Commission when the matter involves not more than 3 States and concerns one of the enumerated items. The word "proceeding" is substituted for "hearing" for consistency in view of subchapter II of chapter 5 of title 5. The words "under subchapter II of chapter 105 of this title" are substituted for "as provided in section 17 of this title" to conform to the restatement. The words "Provided, however, That" are omitted as surplus. The words "section 10321(a), 10525, 11101(b), or 11142(b) of this title" are substituted for "section 304(a) of this title" to cite the corresponding revised sections.
Section Referred to in Other Sections
This section is referred to in sections 10305, 10322, 10342, 10343 of this title.