§10526. Miscellaneous motor carrier transportation exemptions
(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over-
(1) a motor vehicle transporting only school children and teachers to or from school;
(2) a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;
(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a common carrier;
(4) a motor vehicle controlled and operated by a farmer and transporting-
(A) the farmer's agricultural or horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State-
(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)-
(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance;
(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and
(iii) shall be provided only after the cooperative association or federation notifies the Commission of its intent to provide the transportation; and
(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;
(6) transportation by motor vehicle of-
(A) ordinary livestock;
(B) agricultural or horticultural commodities (other than manufactured products thereof);
(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or by-products thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and
(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;
(7) a motor vehicle used only to distribute newspapers;
(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;
(B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Secretary of Transportation) by a foreign air carrier; or
(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;
(9) the operation of a motor vehicle in a national park or national monument;
(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work;
(11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;
(13) transportation of wood chips;
(14) brokers for motor carriers of passengers, except as provided in section 10924(f) of this title; or
(15) transportation of broken, crushed, or powdered glass.
(b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over-
(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except-
(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or
(B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;
(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or
(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10526(a) (1)–(8) | 49:303(b)(1)–(3), (4a)–(7a). | Feb. 4, 1887, ch. 104, |
| 10526(a)(9) | 49:303(b)(4). | Feb. 4, 1887, ch. 104, |
| 49:309(a)(1) (last proviso). | ||
| 10526(b) | 49:303(b)(8)–(10). |
In the introductory matter of subsections (a) and (b), before each clause (1), the words "does not have jurisdiction under this subchapter" are substituted for "Nothing in this chapter, . . . shall be construed to include" for clarity and to conform to the terms used in chapter 105 of the revised title. The words "except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment" are omitted because, under section 6(e)(6)(C) of
In subsection (a)(1), the words "transporting only" are substituted for "employed solely in transporting" to conform to the terms of the other clauses of the section.
In subsection (a)(2), the words "taxicabs, or other" and "bona fide" are omitted as surplus. The words "specified places" are substituted for "fixed termini" for consistency.
In subsection (a)(3), the words "railroad or other" are omitted as surplus. The word "only" is substituted for "exclusively" for consistency.
In subsection (a)(5), the words "so defined" are omitted as surplus. The words "between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State" are substituted for "interstate transportation" for clarity and consistency. The words "any agency or instrumentality thereof" are omitted as surplus.
In subsection (a)(5)(A)(i), (ii), and (iii), the words "under this subchapter" are substituted in each place for "under this chapter" because of the codification of the motor carrier jurisdictional provisions in subchapter II of chapter 105 of the revised title.
In subsection (a)(5)(A)(ii) and (B), the word "by" is substituted in each place for "in terms of" to eliminate surplus words.
In the introductory matter of subsection (a)(6), before clause (A), the words "or passengers" are omitted as unnecessary in view of the restatement of the introductory matter.
In subsection (a)(6)(A), the words "(including shellfish)" are omitted as unnecessary in view of subsection (a)(6)(D).
In subsection (a)(7), the word "only" is substituted for "exclusively" for consistency.
Subsection (a)(9) restates the source provisions for clarity and consistency. The words following the comma in 49:309(a)(1) (last proviso), and the words "under authorization, regulation, and control of the Secretary of the Interior" in 49:303(b)(4), are omitted as surplus.
In subsection (b)(1), the words "in interstate or foreign commerce" are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce is involved. See section 10521 of the revised title.
In subsection (b)(1)(B), the words "regular or irregular", "or routes", "lawfully", and "such interstate" are omitted as surplus. The words "between a place in a State and a place in another State, or a place in a State and another place in the same State through another State" are substituted for "interstate commerce" for clarity. The words "through which the route runs" are substituted for "having jurisdiction" for clarity.
In subsection (b)(2), the words "interstate or foreign commerce for compensation" are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce for compensation is concerned. The words "passengers or property" are omitted as unnecessary in view of the definition of "transportation". The words "procured or furnished or arranged for" are omitted as surplus in view of the definition of "broker" in section 10102 of the revised title.
In subsection (b)(3), the words "in interstate or foreign commerce" are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10526(a) | 49:303(b)(7b). | Feb. 4, 1887, ch. 104, |
This corrects a grammatical error and adds a new exempt activity to the section.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10526(a) (8)(B) | 49 App.:1551(b) (1)(E). | Aug. 23, 1958,
|
Section 4(j)(17)(A) amends 49:10526(a)(8)(B) to reflect the transfer under 49 App.:1551(b)(1)(E) of the remaining authority of the Civil Aeronautics Board to the Secretary of Transportation.
Amendments
1994-Subsec. (a)(8)(B).
Subsec. (a)(10).
Subsec. (a)(13).
Subsec. (a)(14).
1984-Subsec. (a)(5).
Subsec. (a)(14), (15).
1983-Subsec. (a)(5).
1982-Subsec. (a)(14).
1980-Subsec. (a)(2).
Subsec. (a)(5)(A)(ii).
Subsec. (a)(6).
Subsec. (a)(8).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by section 1(5)(A) of
Section Referred to in Other Sections
This section is referred to in sections 10527, 10528, 10529, 10530, 10561, 10749, 10922, 11101 of this title; title 16 section 2302.