§10525. Exempt motor carrier transportation entirely in one State

(a) The Interstate Commerce Commission shall exempt transportation of a motor carrier subject to the jurisdiction of the Commission under this subchapter from compliance with this subtitle when-

(1) the motor carrier provides transportation entirely in one State; and

(2) the Commission finds that the nature or quantity of transportation provided by the motor carrier does not substantially affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title.

(b) The Commission may begin a proceeding under this section on its own initiative or on application of a motor carrier, a State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State, or an interested party. An application must be under oath and must contain information required by Commission regulation. The Commission may exempt the transportation by motor carrier or class of motor carriers. When an exemption is granted, the Commission shall issue a certificate of exemption describing the conditions required by the public interest under which the certificate is issued.

(c) When an application for exemption is accompanied by a certificate of the authority of the State in which the applicant provides transportation stating the finding of the State authority that the applicant is entitled to a certificate of exemption under this section, the exemption is effective on the 60th day after the application is filed with the Commission unless the Commission denies the application before that date. If not denied before that date, the exemption remains effective until the Commission thereafter denies or revokes it.

(d) The Commission may revoke any part of an exemption granted under this section when it finds that the nature or quantity of the transportation by the motor carrier or class of motor carriers affects or impairs, or is likely substantially to affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. If the exemption is revoked, the Commission shall restore without further proceedings the authority any such motor carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption was effective.

(e) Notwithstanding the provisions of this section, the Commission has no jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from the jurisdiction of the Commission under this subsection and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt from the jurisdiction of the Commission under section 10523 of this title.

(f) State regulation of the operations of a motor carrier covered by an exemption under this section is not a burden on interstate or foreign commerce.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363 ; Pub. L. 96–258, §1(4), June 3, 1980, 94 Stat. 425 ; Pub. L. 97–261, §30, Sept. 20, 1982, 96 Stat. 1128 .)

Historical and Revision Notes
Pub. L. 95–473

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10525	49:304(a)(4a).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §204(a)(4a); added Sept. 18, 1940, ch. 722, §19, 54 Stat. 921 .

The 5th sentence of 49:304(a)(4a) is omitted as unnecessary in view of subchapter II of chapter 5 of title 5.

In subsection (a), the words "as in fact", "by order", "character", "in good faith", "in the opinion", and "hereinbefore authorized" are omitted as surplus. The word "entirely" is substituted for "solely" for consistency and clarity. The words "in interstate or foreign commerce" are omitted as unnecessary because those words were defined terms in 49:303(a)(10) and (11) and those terms have been incorporated into section 10521 of the revised title stating the jurisdiction of the Interstate Commerce Commission under chapter 105.

In subsection (b), the words "designated in such certificate", "in writing", "verified", and "reasonably" are omitted as surplus. The words "State authority" are substituted for "State board" for consistency and as being more precise. The words "terms and" are omitted as unnecessary.

In subsection (c), the words "Where an application is made in good faith for the exemption of a motor carrier under this subparagraph" are omitted as unnecessary and in view of section 10321 of the revised title giving the Commission general authority to carry out the subtitle. The words "State authority" are substituted for "State board" for consistency and as being more precise.

In subsection (e), the words "interstate or foreign commerce" are retained because they are used in a constitutional sense in the subsection rather than in the sense of statutory definitions as in the case of subsection (a).

Pub. L. 96–258

This amends section 10525(d) to correct a grammatical error.

Amendments

1982-Subsecs. (e), (f). Pub. L. 97–261 added subsec. (e) and redesignated former subsec. (e) as (f).

1980-Subsec. (d). Pub. L. 96–258 substituted "class of motor carriers affects or impairs, or is likely substantially" for "class of motor carriers is, or is likely substantially".

Effective Date of 1982 Amendment

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

Effective Date of 1980 Amendment

Section 3(d) of Pub. L. 96–258 provided that: "The amendments made by section 1(4), (5)(A), (6), (7), (8), (9), (10), (13), (14), (15), and (16) of this Act [enacting section 11351 of this title and amending this section and sections 10526, 10544, 10706, 10784, 10923, 11101, 11707, 11909, 11912, and 11914 of this title] are effective October 17, 1978."

Section Referred to in Other Sections

This section is referred to in sections 10322, 10341, 10749 of this title.