§10925. Effective periods of certificates, permits, and licenses

(a) Each certificate, permit, and license issued under section 10922, 10923, or 10924 of this title is effective from the date specified in it and remains in effect except as otherwise provided in this section.

(b) On application of the holder of a certificate, permit, or license, the Interstate Commerce Commission may amend or revoke any part of the certificate, permit, or license. On complaint or on its own initiative and after notice and an opportunity for a proceeding, the Commission may suspend, amend, or revoke any part of a certificate, permit, or license-

(1) if a motor carrier, broker, or household goods freight forwarder, for willful failure to comply with this subtitle, a regulation or order of the Commission, or a condition of its certificate, permit, or license; and

(2) if a water carrier, for willful failure to comply with section 10701(a) or 11101(a) of this title, a regulation or order of the Commission, or a condition of its certificate or permit.

(c)(1) Except on application of the holder, the Commission may revoke a certificate or permit of a motor carrier or household goods freight forwarder, or a license of a broker, only after the Commission has issued an order to the holder under section 11701 of this title requiring compliance with this subtitle, a regulation of the Commission, or a condition of the certificate, permit, or license of the holder, and the holder willfully does not comply with the order.

(2) Except on application of the holder, the Commission may suspend, amend, or revoke a certificate or permit of a water carrier only after the Commission has issued an order to the holder under section 11701 of this title requiring compliance with section 10701(a) or 11101(a) of this title, and the holder willfully does not comply with the order.

(3) The Commission may act under paragraph (1) or (2) of this subsection only after giving the holder of the certificate, permit, or license at least 30 days to comply with the order.

(d)(1) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission may suspend a certificate or permit of a motor carrier, a permit of a household goods freight forwarder, or a license of a broker-

(A) if a motor carrier of passengers, motor common carrier of household goods, or broker, for failure to comply with section 10701, 10702, 10761, 10762, 10924(e), or 10927(b) or (d) of this title, or an order or regulation of the Commission prescribed under those sections;

(B) if a motor contract carrier of property, for failure to comply with safety requirements of the Commission or the safety fitness requirements pursuant to section 10701, 10924(e), 10927(b) or (d), or 31144,¹ of this title;

(C) if a motor common carrier of property other than household goods, for failure to comply with safety requirements of the Commission or the safety fitness requirements pursuant to section 10701, 10702, 10924(e), 10927(b) or (d), or 31144 of this title; and

(D) if a household goods freight forwarder, for failure to comply with section 10762 or 10927(c) or (d) of this title, or an order or regulation of the Commission prescribed under those sections.

(2) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, upon petition by the Secretary of Transportation, the Commission may suspend a certificate or permit of a motor carrier of passengers if the Commission finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.

(3) The Commission may suspend the certificate, permit, or license only after it gives notice of the suspension to the holder at least 15 days before the date the suspension is to begin. The suspension remains in effect until the holder complies with those applicable sections or, in the case of a suspension under paragraph (2) of this subsection, until the Commission revokes such suspension.

(e)(1) On application of a motor contract carrier who holds a permit issued under section 10923 of this title, or on complaint of a competing motor common carrier who holds a certificate under section 10922 of this title, or on its own initiative, if the Commission, after notice and an opportunity for a proceeding, determines that the operations under the permit or any part thereof-

(A) do not conform with the operations of a motor contract carrier; and

(B) are those of a motor common carrier;

the Commission may amend or revoke such permit or part thereof to conform the operations under such permit or part thereof to the operations of a motor contract carrier.

(2) The Commission may issue in place of any permit or part thereof revoked under this subsection a certificate under section 10922 of this title which authorizes the holder of such certificate to provide as a motor common carrier the same type of transportation between the same points or within the same territory as authorized in the permit or part thereof.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1412 ; Pub. L. 96–296, §§10(e), 17(b), July 1, 1980, 94 Stat. 801 , 811; Pub. L. 97–261, §§13(b), 22, Sept. 20, 1982, 96 Stat. 1114 , 1123; Pub. L. 97–449, §5(g)(6), Jan. 12, 1983, 96 Stat. 2443 ; Pub. L. 99–521, §8(b), Oct. 22, 1986, 100 Stat. 2996 ; Pub. L. 103–311, title II, §209, Aug. 26, 1994, 108 Stat. 1688 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10925(a)	49:312(a) (1st sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §212(a); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 555 ; restated June 29, 1938, ch. 811, §11, 52 Stat. 1238 ; Sept. 18, 1940, ch. 722, §21(c), 54 Stat. 924 ; Oct. 15, 1966, Pub. L. 89–670, §8(d), 80 Stat. 943 .
	49:912a(1).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §312a; added Sept. 6, 1965, Pub. L. 89–170, §8, 79 Stat. 652 .
	49:1010(f) (1st sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §410(f); added May 16, 1942, ch. 318, §1, 56 Stat. 292 .
10925(b)	49:312(a) (2d sentence less provisos).
	49:912a(2) (less proviso).
	49:1010(f) (2d sentence less provisos).
10925(c)	49:312(a) (2d sentence 1st proviso).
	49:912a(2) (proviso).
	49:1010(f) (2d sentence 1st proviso).
10925(d)	49:312(a) (2d sentence 2d proviso).
	49:1010(f) (2d sentence 2d proviso).

In subsection (a), the words "except as otherwise provided in this section" are substituted for "until suspended or terminated as herein provided" in 49:312(a) and 49:1010(f) and for "until suspended or revoked as provided in this section" in 49:912a, for clarity.

In subsections (b) and (c), the word "amend" is substituted for "changed" in 49:312a(a) and 49:912a and for "modified" in 49:1010(f) for consistency.

In subsection (b), the words "in the discretion of the Commission" are omitted as surplus. The words "after notice and an opportunity for a proceeding" are substituted for "after notice and hearing" in 49:312(a) and 49:1010(f), and for "after reasonable notice and opportunity for hearing" in 49:912a, for clarity and consistency.

In subsections (b)(1) and (c)(1), the words "term", "lawful", "rule", and "or limitation" in 49:312(a) and 49:1010(f) are omitted for consistency and to eliminate surplus language.

In subsections (b)(2) and (c)(2), the words "section 10701(a) or 11101(a) of this title" are substituted for "section 905(a) of this title with respect to performing, providing, and furnishing transportation upon reasonable request therefor" in each place in 49:1010(f) as the result of the codification of 49:905(a) to those sections and to eliminate surplus language.

In subsection (d), the words "Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5" are substituted for "without hearing or other proceedings" as being more precise. The words "lawful" and "rule or" are omitted for consistency and to eliminate surplus language.

Amendments

1994-Subsec. (d)(1)(A). Pub. L. 103–311, §209(1), (2), substituted "if a motor carrier of passengers, motor common carrier of household goods, or broker" for "if a motor carrier or broker" and struck out "and" at end.

Subsec. (d)(1)(B) to (D). Pub. L. 103–311, §209(2), (3), added subpars. (B) and (C) and redesignated former subpar. (B) as (D).

1986-Subsecs. (b)(1), (c)(1), (d)(1). Pub. L. 99–521 inserted "household goods" before "freight forwarder" wherever appearing.

1983-Subsec. (d)(1). Pub. L. 97–449 inserted "or permit" after "certificate".

1982-Subsec. (d)(2), (3). Pub. L. 97–261, §22, added par. (2), redesignated former par. (2) as (3), and in par. (3), as so redesignated, inserted provision that a suspension under par. (2) of subsec. (d) remains in effect until the Commission revokes it.

Subsec. (e). Pub. L. 97–261, §13(b), struck out "of property" after "carrier" wherever appearing and substituted "section 10922" for "section 10922(b)" wherever appearing, and in par. (2) struck out "transportation" after "provide" and substituted "the same type of transportation" for "of the same property".

1980-Subsec. (d)(1)(A). Pub. L. 96–296, §17(b), substituted "section 10924(e) of this title" for "section 10924(d) of this title".

Subsec. (e). Pub. L. 96–296, §10(e), added subsec. (e).

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 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 10922, 10931, 10932, 10935 of this title.

¹ So in original. The comma probably should not appear.