Except as provided in this subtitle, a certificate or permit issued under section 10922 or 10923 of this title—
(1) if a certificate or permit of a motor carrier, may be transferred under regulations of the Interstate Commerce Commission;
(2) if a certificate or permit of a water carrier, may be transferred under regulations prescribed by the Commission to protect the public interest and to ensure compliance with this subtitle; and
(3) if a permit of a household goods freight forwarder, may be transferred under regulations prescribed by the Commission to ensure compliance with this subtitle, if the Commission finds that the person to whom the permit is to be transferred satisfies section 10923(a) and (b) 1 of this title. However, if the proposed transfer would affect the interests of employees of a household goods freight forwarder, the Commission shall require a fair and equitable arrangement to protect the interests of those employees before the transfer is effective.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1413; Pub. L. 99–521, §8(c), Oct. 22, 1986, 100 Stat. 2996.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10926(1) | 49:312(b). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §212(b); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 555; Sept. 18, 1940, ch. 722, §21(d), 54 Stat. 924. |
| 10926(2) | 49:912. | Feb. 4, 1887, ch. 104, 24 Stat. 379, §312; added Sept. 18, 1940, ch. 722, §201, 54 Stat. 944. |
| 10926(3) | 49:1010(g). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §410(g); added May 16, 1942, ch. 318, §1, 56 Stat. 292. |
In the introductory matter before clause (1), the words “in this subtitle” are substituted for “in section 5 of this title” for consistency and as being more precise in view of other sections of the subtitle limiting the authority to transfer.
In clauses (1) and (3), the words “rules and” are omitted as surplus.
In clause (3), the words “or any right to engage in service subject to this chapter pending disposition of any application made to the Commission for a permit” are omitted as executed in view of 49:1010(a)(1) that provided for freight forwarder operations for a limited period of time after enactment of 49:1010 on May 16, 1942, and that period has expired. The words “and any right to a permit when issued” are omitted as unnecessary.
Section 10923(b) of this title, referred to in par. (3), was redesignated section 10923(c), and a new section 10923(b) was added, by Pub. L. 103–311, title II, §208(b), Aug. 26, 1994, 108 Stat. 1687.
1986—Par. (3). Pub. L. 99–521 inserted “household goods” before “freight forwarder” wherever appearing.
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.