§11101. Providing transportation and service

(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide the transportation or service on reasonable request. In addition, a motor common carrier shall provide safe and adequate service, equipment, and facilities. A rail carrier shall not be found to have violated this section because it fulfills its commitments under contracts approved under section 10713 of this title before responding to reasonable requests for service.

(b) The Commission may prescribe requirements for continuous and adequate transportation and service provided by motor common carriers and household goods freight forwarders subject to the jurisdiction of the Commission under subchapters II and IV of chapter 105 of this title and for transportation of baggage and express by such motor common carriers of passengers.

(c) The Commission may not regulate the duration of, or the amount of compensation payable under, an arrangement between a motor carrier and another party to use, with a driver, a motor vehicle not owned by that carrier to transport property when-

(1) the motor vehicle-

(A) to be used is that of (i) a farmer or a cooperative association or a federation of cooperative associations under section 10526(a)(4) or (5) of this title, or (ii) a motor private carrier and it is used regularly in the transportation of property referred to in section 10526(a)(6) of this title, or perishable products manufactured from perishable property referred to in that section; and

(B) is to be used by the carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area where the motor vehicle is based; or

(2) the motor vehicle to be used has completed a movement exempt under section 10526(a)(6) of this title and is next to be used by that carrier in a loaded movement in any direction or in a movement referred to in clause (1)(B) of this subsection, or both.

(d) Resolution of Disputes Relating to Contract or Common Carrier Capacities.-If a motor carrier (other than a motor carrier providing transportation of household goods) subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title has authority to provide transportation as both a motor common carrier and a motor contract carrier and a dispute arises as to whether certain transportation is provided in its common carrier or contract carrier capacity and the parties are not able to resolve the dispute consensually, the Commission shall have jurisdiction to, and shall, resolve the dispute.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419 ; Pub. L. 96–258, §1(10), June 3, 1980, 94 Stat. 426 ; Pub. L. 96–448, title II, §222, Oct. 14, 1980, 94 Stat. 1929 ; Pub. L. 99–521, §9(a), Oct. 22, 1986, 100 Stat. 2997 ; Pub. L. 103–180, §8, Dec. 3, 1993, 107 Stat. 2052 .)

Historical and Revision Notes
Pub. L. 95–473

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11101(a)	49:1(4) (1st sentence 14th–23d words).	Feb. 4, 1887, ch. 104, §1(4) (1st sentence 14th–23d words); 24 Stat. 379; June 29, 1906, ch. 3591, §1, 34 Stat. 584 ; Feb. 28, 1920, ch. 91, §400, 41 Stat. 475 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Sept. 18, 1940, ch. 722, §2(c), 54 Stat. 900 .
	49:316(a) (25th–44th words), (b) (16th–33d words).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §216(a) (25th–44th words), (b) (16th–33d words); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 558 .
	49:905(a) (1st sentence 1st cl.).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §305(a) (1st sentence 1st clause); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 934 .
	49:1004(a) (1st cl.).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §404(a) (1st clause); added May 16, 1942, ch. 318, §1, 56 Stat. 286 .
11101(b)	49:304(a)(1) (related to service).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §204(a)(1) (related to service); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 546 .
	49:1003(b).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §403(b); added May 16, 1942, ch. 318, §1, 56 Stat. 285 .
11101(c)	49:304(f).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §204(f); added Aug. 3, 1956, ch. 928, §1, 70 Stat. 983 .

Subsection (a) restates and consolidates the source provisions for clarity. The words "or service" are retained as related to freight forwarders in view of subchapter IV of chapter 105 of the revised title. The words "thereto" and "therefor" are omitted as surplus. The words "interstate or foreign commerce" in 49:316(a) and (b) are omitted in view of chapter 105 of the revised title.

In subsection (b), the word "prescribe" is substituted for "establish" for consistency. The word "reasonable" is omitted as surplus. The words "of passengers" are inserted for clarity. The provisions related to regulation of common and contract carriers by motor vehicle and brokers are omitted as surplus in view of the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 and the licensing requirements of subchapter II of chapter 109 of the revised title.

In subsection (c), the words "may not" are substituted for "nothing in this chapter shall be construed to authorize" for clarity. The word "arrangement" is substituted for "lease, contract, or other arrangement" to eliminate redundancy. The words "referred to in" are substituted for "of a character embraced within" for clarity.

Pub. L. 96–258

This makes technical changes in section 11101(c)(1) to conform to the source provision.

Amendments

1993-Subsec. (d). Pub. L. 103–180 added subsec. (d).

1986-Subsec. (b). Pub. L. 99–521 inserted "household goods" before "freight forwarders".

1980-Subsec. (a). Pub. L. 96–448 inserted provision that a rail carrier not be found to have violated this section because it fulfills its commitments under contracts approved under section 10713 of this title before responding to reasonable requests for service.

Subsec. (c)(1). Pub. L. 96–258, §1(10)(A)–(C), combined subpars. (A) and (B) into subpar. (A) by substituting ", or (ii) a motor private carrier and it" for "or a motor private carrier; (B)", by inserting designation for cl. (i), and by striking out designations for cls. (i) and (ii) in former subpar. (B), and redesignated subpar. (C) as (B).

Subsec. (c)(2). Pub. L. 96–258, §1(10)(D), substituted "clause (1)(B)" for "clause (1)(C)".

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 1980 Amendments

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Amendment by Pub. L. 96–258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96–258, set out as a note under section 10525 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10341, 10713, 10922, 10925, 11107, 11126 of this title.