§11323. Limitation on ownership of other carriers by household goods freight forwarders

(a) A household goods freight forwarder, or a person controlling, controlled by, or under common control with a household goods freight forwarder, providing service subject to the jurisdiction of the Interstate Commerce Commission under subchapter IV of chapter 105 of this title, may not acquire control of a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter. However, this subsection does not prohibit a carrier providing transportation under subchapter I, II, or III of chapter 105 from acquiring control of another such carrier under subchapter III of this chapter but subject to section 11321.

(b) A director, officer, employee, or agent of a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title or a person controlling, controlled by, or under common control with one of those carriers, may not, for that person's pecuniary benefit, own, lease, control, or hold stock in a household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter. However, this subsection does not prohibit the holding of a director's qualifying shares of stock from which no personal pecuniary benefit is derived by the holder.

(c) This subtitle does not prohibit a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title or a person controlling, controlled by, or under common control with one of those carriers from controlling a household goods freight forwarder. When that control exists, a rate, classification, rule, or practice of one of those carriers may not be found to be unlawful because of the relationship.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1433 ; Pub. L. 99–521, §10(a), (b)(1), Oct. 22, 1986, 100 Stat. 2997 .)

In subsection (a), the words "may not" are substituted for "It shall be unlawful" for clarity. The word "However" is substituted for "except that" for consistency. Paragraph (2) of 49:1011(a) is omitted as obsolete.

In subsection (b), the words "After the expiration of six months from May 16, 1942," are omitted as executed. The words "may not" are substituted for "it shall be unlawful" for clarity. The words "for that person's" are substituted for "in his or her own personal" for clarity. The word "benefit" is substituted for "interest" for consistency. The words "does not prohibit" are substituted for "shall not forbid or preclude" for clarity.

In subsection (c), the words "This subtitle does not prohibit" are substituted for "Nothing in this Act shall be construed to make it unlawful" for clarity. The words "When that control exists" are substituted for "and, in any case where such control exists" for clarity. The words "from controlling" are substituted for "to have or to acquire control of" for clarity. The words "of one of those carriers" are substituted for "of the common carrier or of any freight forwarder controlled by such common carrier, or under common control with such common carrier" for clarity. The words "may not be" are substituted for "no . . . shall be" for clarity. The words "under any provision of this Act" are omitted as surplus. The words "between such common carrier and such freight forwarder" are omitted as unnecessary.

Amendments

1986-Pub. L. 99–521 inserted "household goods" before "freight forwarders" in section catchline and before "freight forwarder" wherever appearing in text.

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.

Section Referred to in Other Sections

This section is referred to in sections 11702, 11708 of this title.