§10930. Limitations on certificates and permits
(a) Except when the Interstate Commerce Commission finds good cause consistent with the public interest and the transportation policy of section 10101 of this title-
(1) a person may not hold both a certificate of a water common carrier and a permit of a water contract carrier issued under this subchapter, to transport property over the same route or in the same area; and
(2) if a person controls, is controlled by, or is under common control with, another person, one of them may not hold a certificate of a water common carrier, while the other holds a permit of a water contract carrier, to transport property over the same route or in the same area.
(b)(1) A person may not hold a permit of a household goods freight forwarder issued under this subchapter if the person is a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title.
(2) Except for motor vehicle transportation subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title by section 10523(a)(2) of this title, a permit may not authorize a household goods freight forwarder to conduct direct rail, water, or motor carrier transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter.
(3) Except when the Commission finds that service to be provided as a household goods freight forwarder is consistent with the public interest and the transportation policy of section 10101 of this title, a person may not hold a permit of a household goods freight forwarder when-
(A) the principal business of the person is manufacturing and selling, or buying and selling, or both manufacturing and selling and buying and selling articles or commodities, and the service of a household goods freight forwarder (or similar assembling, consolidating, and shipping service is provided by the person for its own business) is commonly used to transport the articles or commodities; or
(B) the person controls, is controlled by, or is under common control with, a person referred to in clause (A) of this paragraph.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10930(a) | 49:310. | Feb. 4, 1887, ch. 104, |
| 49:910. | Feb. 4, 1887, ch. 104, |
|
| 10930(b)(1) | 49:1010(c) (2d sentence words before semicolon). | Feb. 4, 1887, ch. 104, |
| 10930(b)(2) | 49:1010(h). | |
| 10930(b)(3) | 49:1011(b) (less last proviso). |
In subsection (a), the words "or shall have found" are omitted as executed.
In subsection (b)(2), the words "subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter" are substituted for "is to be regulated as service subject to this chapter" for clarity and consistency.
In subsection (b)(3), the words "It shall be unlawful for", "operations are of such character that", "or forwarders", and "in connection with the transportation" are omitted as unnecessary. The words "under section 1010 of this title" and "is otherwise qualified under section 1010 of this title" are omitted in view of section 10921 of the revised title requiring a person to have a permit and satisfying the requirements for issuance of a permit under subchapter II of chapter 109 of the revised title, or else requiring the person to come within one of the exceptions, before the person can provide the service of a freight forwarder subject to Commission jurisdiction.
Amendments
1986-Subsec. (b).
1980-Subsec. (a)(1).
Subsec. (a)(2).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in sections 10922, 10923, 11702, 11708 of this title.