§10931. Motor common carriers providing transportation entirely in one State
(a) A motor common carrier may provide transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title without a certificate issued by the Commission under section 10922 of this title, when-
(1) the carrier provides transportation entirely in one State;
(2) the carrier is not controlled by, controlling, or under common control with a carrier providing transportation outside the State;
(3) the carrier has applied for, and has been issued, a certificate of public convenience and necessity by the State authority having jurisdiction to issue such a certificate, permitting the carrier to provide intrastate transportation by motor vehicle; and
(4) the intrastate certificate was issued after, and the certificate states that-
(A) notice was given to interested parties through publication in the Federal Register of the filing of the application by the carrier and the desire of the carrier to provide transportation otherwise under the jurisdiction of the Commission within the limits of the certificate issued by the State authority;
(B) reasonable opportunity to be heard was given; and
(C) the State authority considered and found that the public convenience and necessity require that the carrier be permitted to provide transportation under the jurisdiction of the Commission within limits that do not exceed the scope of the certificate issued by the State authority.
(b) An interested party that opposed issuing the certificate to a motor common carrier in a proceeding before a State authority may petition the Commission for reconsideration of a decision of the State authority. On reconsideration, the Commission, based on the record before the State authority, may affirm, reverse, or change that decision, but only with respect to the transportation subject to Commission jurisdiction.
(c) The Commission may require, before a motor common carrier provides transportation authorized under this section, that-
(1) a certified copy of the carrier's intrastate certificate and other appropriate information be filed with the Commission; and
(2) the carrier comply with applicable requirements established by the Commission.
(d)(1) The Commission shall issue a certificate of registration to a motor common carrier authorizing the carrier to provide transportation under this section. The authority granted under the certificate is subject to all other applicable provisions of this subtitle. Except as otherwise provided in this subsection and subchapter III of chapter 113 of this title, the certificate of registration may be transferred if it is transferred with the intrastate certificate. Transfer of the intrastate certificate without the certificate of registration revokes the certificate of registration.
(2) The certificate of registration issued by the Commission is valid as long as the motor common carrier provides transportation entirely in the State from which it received its intrastate certificate and is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State.
(e)(1) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under this section to provide transportation is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day.
(2) Transportation authorized under this section may be suspended or revoked by the Commission under section 10925 of this title.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10931(a) | 49:306(a)(6) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 10931(b) | 49:306(a)(6) (last sentence). | |
| 10931(c) | 49:306(a)(6) (6th sentence). | |
| 10931(d) | 49:306(a)(6) (2d and 3d sentences). | |
| 10931(e) | 49:306(a)(6) (4th and 5th sentences). |
In the section, the word "transportation" is substituted for "operations" for consistency and in view of the jurisdiction of the Interstate Commerce Commission over transportation under subchapter II of chapter 105 of the revised title. The words "interstate or foreign commerce" are omitted as being already included in the words in subsection (a) "subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105". The word "authority" is substituted for "commission" for consistency and to distinguish from "Commission". The word "permitting" is substituted for "authorizing" for consistency and to avoid confusion with the term "State authority".
In subsection (a), the words "On and after October 15, 1962" are omitted as executed. The words "interested parties" are substituted for "interested persons" for consistency and as being more precise. The words "duly" and "the question of the proposed interstate and foreign operations" are omitted as unnecessary.
In subsection (b), the words "In accordance with such reasonable rules as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations.
In subsection (c), the word "information" is substituted for "statements and data" to eliminate redundancy.
In subsection (d), the words "and the regulations prescribed hereunder" and "pursuant to such rules and regulations as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations. The words "otherwise provided in this subsection" are substituted for "in the conditions and limitations stated herein" as being more precise. The word "revokes" is substituted for "shall terminate" for consistency.
In subsection (e), the word "revoked", with respect to Commission action, is substituted for "terminated" for consistency. The words "under section 10925 of this title" are substituted for "in accordance with the provisions of this Act governing the suspension and termination of certificates issued by the Commission" for clarity.
Section Referred to in Other Sections
This section is referred to in section 11708 of this title.