§10521. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation by motor carrier and the procurement of that transportation, except by a freight forwarder (other than a household goods freight forwarder), to the extent that passengers, property, or both, are transported by motor carrier-

(1) between a place in-

(A) a State and a place in another State;

(B) a State and another place in the same State through another State;

(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;

(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or

(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and

(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

(b) This subtitle does not-

(1) except as provided in sections 10922(c)(2),¹ 10935, 10936, 11501(e), and 11501(h) of this title, affect the power of a State to regulate intrastate transportation provided by a motor carrier;

(2) except as provided in sections 10922(c)(2) ¹ and 11501(e), authorize the Commission to prescribe or regulate a rate for intrastate transportation provided by a motor carrier;

(3) except as provided in section 10922(c)(2) ¹ of this title, allow a motor carrier to provide intrastate transportation on the highways of a State; or

(4) except as provided in section 11503a and section 11504(b) of this title, affect the taxation power of a State over a motor carrier.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361 ; Pub. L. 96–296, §31(b), July 1, 1980, 94 Stat. 824 ; Pub. L. 97–261, §6(f), Sept. 20, 1982, 96 Stat. 1107 ; Pub. L. 99–521, §6(a), Oct. 22, 1986, 100 Stat. 2994 ; Pub. L. 103–305, title VI, §601(b)(2)(C), Aug. 23, 1994, 108 Stat. 1606 ; Pub. L. 103–311, title II, §211(b)(1), Aug. 26, 1994, 108 Stat. 1689 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10521(a) (words before cl. (1))	49:302(a), 303(a)(10) (20 words before proviso), (11) (1st sentence, words between 1st comma and comma before cl. (A)).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §§202(a), 203(a)(10) (less proviso), (11) (less last sentence), (c) (words between 6th and 7th commas); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 , 544; Sept. 18, 1940, ch. 722, §17(a), 54 Stat. 920 ; Sept. 1, 1950, ch. 835, §1(b), 64 Stat. 574 ; July 22, 1954, ch. 563, §1, 68 Stat. 526 ; Aug. 22, 1957, Pub. L. 85–163, §1(2), 71 Stat. 411 .
10521(a)(1) (A), (B)	49:303(a)(10) (through 1st comma).
10521(a)(1) (C)–(E)	49:303(a)(11) (1st sentence, less words between 1st comma and comma before cl. (A)).
10521(a)(2)	49:303(c) (words between 6th and 7th commas).
10521(b)	49:302(b)(1).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §202(b)(1); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §17, 54 Stat. 920 ; Sept. 6, 1965, Pub. L. 89–170, §2, 79 Stat. 648 ; Dec. 23, 1970, Pub. L. 91–569, §2(a), 84 Stat. 1500 .
	49:316(e) (proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §216(e) (proviso); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 558 .

In the introductory matter of subsection (a), before clause (1), the words "Subject to this chapter and other provisions of law" are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words "the Interstate Commerce Commission has jurisdiction over" are substituted for "The provisions of this chapter apply to" and "the regulation of such transportation, . . . is vested in the Interstate Commerce Commission" for clarity and to eliminate redundancy. The words "and providing facilities for" are omitted as being included in the definition of "transportation" applicable to the subtitle. The words "to the extent that passengers, property, or both, are transported by motor carrier" are substituted for "whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water" to eliminate surplus words and because of the Commission's jurisdiction over transportation by motor carrier, and the term "motor vehicle" is a defined term incorporated into the definition of "motor carrier".

In subsection (b), the words "This subtitle does not . . . authorize the Commission" are substituted for "That nothing in this chapter shall empower the Commission" in 49:316(e) for consistency and because of the restatement of the source provisions. The word "exclusive" is omitted as unnecessary. The words "intrastate transportation" are substituted for "intrastate commerce" for consistency. The words "for any service connected therewith" are omitted as surplus because the eliminated words are included in the word "transportation". The word "rate" is substituted for "rate, fare, or charge" because of the definition of "rate" in section 10102 of the revised title. The words "for the purpose of removing discrimination against interstate commerce or for any other purpose" are omitted as unnecessary because of the restatement of the source provisions. The words "to provide intrastate transportation" are substituted for "to do intrastate business" for clarity and consistency. The words "over a motor carrier" are inserted for clarity.

References in Text

Section 10922(c)(2) of this title, referred to in subsec. (b)(1) to (3), was redesignated section 10922(d)(2) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686 .

Amendments

1994-Subsec. (b)(1). Pub. L. 103–311 inserted "10936," after "10935,".

Pub. L. 103–305 substituted "11501(e), and 11501(h)" for "and 11501(e)".

1986-Subsec. (a). Pub. L. 99–521 inserted ", except by a freight forwarder (other than a household goods freight forwarder)," after second reference to "transportation".

1982-Subsec. (b)(1). Pub. L. 97–261, §6(f)(1), inserted "except as provided in sections 10922(c)(2), 10935, and 11501(e) of this title," before "affect".

Subsec. (b)(2). Pub. L. 97–261, §6(f)(2), inserted "except as provided in sections 10922(c)(2) and 11501(e)," before "authorize".

Subsec. (b)(3). Pub. L. 97–261, §6(f)(3), inserted "except as provided in section 10922(c)(2) of this title," before "allow".

1980-Subsec. (b)(4). Pub. L. 96–296 inserted "section 11503a and" after "as provided in".

Effective Date of 1994 Amendment

Section 601(d) of Pub. L. 103–305 provided that: "This section [amending this section and sections 11501, 40102, and 41713 of this title and enacting provisions set out as a note under section 11501 of this title] and the amendments made by this section shall take effect on January 1, 1995; except that with respect to the State of Hawaii the amendment made by subsection (c) [amending section 11501 of this title] shall take effect on the last day of the 3-year period beginning on the date of the enactment of this Act [Aug. 23, 1994]."

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10101, 10522, 10530, 11506, 31501, 31502 of this title.

¹ See References in Text note below.