49 USC 10524: Transportation furthering a primary business
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49 USC 10524: Transportation furthering a primary business Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE IV-INTERSTATE COMMERCECHAPTER 105-JURISDICTIONSUBCHAPTER II-MOTOR CARRIER TRANSPORTATION

§10524. Transportation furthering a primary business

(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over the transportation of property by motor vehicle when-

(1) the property is transported by a person engaged in a business other than transportation; and

(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.


(b) The Commission does not have jurisdiction under this subchapter over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family if-

(1) the parent corporation notifies the Commission of its intent or one of its subsidiaries' intent to provide the transportation;

(2) the notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;

(3) the Commission publishes the notice in the Federal Register within 30 days of receipt; and

(4) a copy of the notice is carried in the cab of all vehicles conducting the transportation.


(c) In this section, "corporate family" means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363 ; Pub. L. 96–296, §9, July 1, 1980, 94 Stat. 798 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
10524 49:303(c) (less words before "nor"). Feb. 4, 1887, ch. 104, 24 Stat. 379 , §203(c) (less words before "nor"); added Aug. 12, 1958, Pub. L. 85–626, §8, 72 Stat. 574 .

The section restates the source provisions for clarity and for consistency with the rest of chapter 105 of the revised title. The words "interstate or foreign commerce" are omitted as unnecessary in view of section 10521 of the revised title that gives the Interstate Commerce Commission jurisdiction only in the instances of commerce enumerated in section 10521.

Amendments

1980-Pub. L. 96–296 designated existing provision as subsec. (a) and added subsecs. (b) and (c).