§10924. Licenses of motor carrier brokers

(a) The Interstate Commerce Commission shall issue, subject to section 10927(b) of this title, a license to a person authorizing the person to be a broker for transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, if the Commission finds that-

(1) the person is fit, willing, and able-

(A) to be a broker for transportation to be authorized by the license; and

(B) to comply with this subtitle and regulations of the Commission; and

(2) the transportation for which the person is to be a broker will be consistent with the public interest and the transportation policy of section 10101 of this title.

(b) The Interstate Commerce Commission shall issue, subject to section 10927(b) of this title, a license to a person authorizing the person to be a broker for transportation of property (other than household goods) subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, if the Commission finds that the person is fit, willing, and able-

(1) to be a broker for transportation to be authorized by the license; and

(2) to comply with this subtitle and regulations of the Commission.

(c)(1) The broker may provide the transportation itself only if the broker also has been issued a certificate or permit to provide the transportation under this subchapter. A broker may use only the transportation of a motor carrier holding a certificate or permit issued under this subchapter.

(2) This subsection does not apply to a motor carrier having a certificate or permit issued under this subchapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other motor carriers holding certificates or permits, or with rail, express, or water common carriers.

(d) A person must file an application with the Commission for a license to be a broker for motor carrier transportation. The Commission may approve the application or any part of it, or deny the application.

(e) Commission regulations shall provide for the protection of shippers by motor vehicle, to be observed by brokers.

(f) The Commission may impose on brokers for motor carriers of passengers such requirements for bonds or insurance or both as the Commission determines are needed to protect passengers and carriers dealing with such brokers.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1412 ; Pub. L. 96–296, §17(a), July 1, 1980, 94 Stat. 810 ; Pub. L. 97–261, §14(a)–(c), Sept. 20, 1982, 96 Stat. 1114 ; Pub. L. 103–272, §4(j)(28), July 5, 1994, 108 Stat. 1370 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10924(a), (c)	49:311(b).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §211(a) (words after 1st colon), (b), (c) (words before 2d comma); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 554 ; Sept. 18, 1940, ch. 722, §16, 54 Stat. 919 .
10924(b)	49:311(a) (words after 1st colon).
10924(d)	49:311(c) (words before 2d comma).

The words "requirements, rules" are omitted as being included in regulations and for consistency. The words "reasonable rules and regulations" are omitted in view of section 10321(a) of the revised title giving the Interstate Commerce Commission general authority to carry out the subtitle.

In subsection (a), the last sentence of 49:311(b) is omitted as executed. The words "subject to section 10927(b) of this title" are inserted for clarity. The words "qualified applicant therefor" are omitted as unnecessary in view of the provisions of the section specifying the necessary qualifications of brokers.

In subsection (a)(1), the word "properly" is omitted as surplus. The words "to be authorized by the license" are substituted for "to perform the service proposed" for clarity in view of the authority of the Commission to approve only part of an application.

In subsection (b)(2), the word "motor" is inserted before "carrier" the first time it appears for clarity. The words "bona fide" are omitted as unnecessary.

Amendments

1994-Subsec. (e). Pub. L. 103–272 inserted "of" after "protection".

1982-Subsec. (a). Pub. L. 97–261, §14(a), struck out "passengers or" after "for transportation of".

Subsec. (e). Pub. L. 97–261, §14(b), struck out "of travelers and" after "for the protection".

Subsec. (f). Pub. L. 97–261, §14(c), added subsec. (f).

1980-Subsec. (a). Pub. L. 96–296, §17(a)(1), substituted "transportation of passengers or household goods subject" for "transportation subject".

Subsecs. (b) to (e). Pub. L. 96–296, §17(a)(2), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

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 10328, 10526, 10925, 10927, 11708 of this title.