§10749. Exchange of services and limitation on use of common carriers by household goods freight forwarders

(a) A common carrier, or a motor contract carrier of property, providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title may contract with a telephone, telegraph, or cable company to exchange services.

(b) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title may use a carrier, including a carrier referred to in this subsection, to transfer, collect, or deliver in a terminal area. However, to provide other services, a household goods freight forwarder may only use-

(1) a rail, express, motor, or water common carrier, or motor contract carrier of property, providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title including-

(A) a motor common carrier providing exempt transportation under section 10525 or 10526(a)(8) of this title; or

(B) a water common carrier providing exempt transportation under section 10542(a) of this title or transportation between places in Alaska or Hawaii and between those places and other places in the United States; or

(2) an air carrier subject to the jurisdiction of the Secretary of Transportation under part A of subtitle VII of this title.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393 ; Pub. L. 96–296, §10(c), July 1, 1980, 94 Stat. 800 ; Pub. L. 97–468, title VI, §615(b)(3), Jan. 14, 1983, 96 Stat. 2578 ; Pub. L. 98–216, §2(13), Feb. 14, 1984, 98 Stat. 5 ; Pub. L. 99–521, §7(j)(1), (2), Oct. 22, 1986, 100 Stat. 2995 ; Pub. L. 103–272, §4(j)(24), July 5, 1994, 108 Stat. 1369 .)

Historical and Revision Notes
Pub. L. 95–473

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10749(a)	49:1(5½).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1(5½); added June 18, 1910, ch. 309, §7, 36 Stat. 546 ; Feb. 28, 1920, ch. 91, §400, 41 Stat. 475 ; June 19, 1934, ch. 652, §602(b), 48 Stat. 1102 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Sept. 18, 1940, ch. 722, §2(d), 54 Stat. 900 ; Aug. 2, 1949, ch. 379, §1, 63 Stat. 485 .
10749(b)	49:1018.	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §418; added May 16, 1942, ch. 318, §1, 56 Stat. 297 ; July 12, 1960, Pub. L. 86–615, §7, 74 Stat. 385 .

In subsection (a), the words "A common carrier . . . may" are substituted for "Nothing in this Act shall be construed to prevent any common carrier" for clarity. The words "under chapter 105 of this title" are substituted for "subject to this Act" to conform to the revised title. The words "contract with" are substituted for "entering into or operating under any contract" to eliminate redundancy.

In subsection (b), the words "may only use" are substituted for "It shall be unlawful" for clarity. The word "use" is substituted for "utilize" as being more precise. The words "subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title" are inserted to conform to the revised title. The word "employ" is omitted as surplus. The words "other than" are omitted in view of the restatement. The words "including a carrier referred to in this subsection" are inserted for clarity. The words "rail, express, motor or water common carrier" are substituted for "common carriers by railroad, motor vehicle, or water, subject to this Act; express companies subject to this Act" to conform to the revised title. The words "subject to the jurisdiction of the Commission under chapter 105 of this title" are inserted to conform to the revised title. The word "places" is substituted for "ports" for consistency. The words "under the provisions of" are omitted as surplus. The word "providing" is substituted for "engaged in" for clarity.

The words "subject to the jurisdiction of the Civil Aeronautics Board under chapter 20 of this title" are substituted for "subject to the Civil Aeronautics Act of 1938" in view of the repeal of the Civil Aeronautics Act of 1938 by Public Law 85–726, title XIV, §1401(b), August 23, 1958, 72 Stat. 806, and transfer of the authority contained in that Act to chapter 20 of title 49.

Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10749(b)(2)	49 App.:1551(b) (1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 , §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704 .

Section 4(j)(24) amends 49:10749(b)(2) 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. (b)(2). Pub. L. 103–272 substituted "Secretary of Transportation under part A of subtitle VII of this title" for "Civil Aeronautics Board under the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)".

1986-Pub. L. 99–521 inserted "household goods" before "freight forwarders" in section catchline and before "freight forwarder" wherever appearing in subsec. (b).

1984-Subsec. (b)(2). Pub. L. 98–216 substituted "the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)" for "chapter 20 of this title".

1983-Subsec. (b). Pub. L. 97–468 inserted "or" at end of par. (1)(B), substituted a period for " ; or" at end of par. (2), and struck out par. (3) relating to the Alaska Railroad.

1980-Subsec. (a). Pub. L. 96–296, §10(c)(1), inserted ", or a motor contract carrier of property," after "common carrier".

Subsec. (b)(1). Pub. L. 96–296, §10(c)(2), inserted ", or motor contract carrier of property," in introductory text.

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 1983 Amendment

Amendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97–468.

Termination of Civil Aeronautics Board and Transfer of Certain Functions

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of the Appendix to this title, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

Section Referred to in Other Sections

This section is referred to in section 11126 of this title.