49 U.S.C.
United States Code, 1994 Edition
Title 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE COMMERCE
CHAPTER 109 - LICENSING
SUBCHAPTER II - OTHER CARRIERS AND MOTOR CARRIER BROKERS
Sec. 10932 - Motor carrier savings provisions
From the U.S. Government Publishing Office, www.gpo.gov

§10932. Motor carrier savings provisions

(a) Except as specifically provided in a certificate or permit, the holder of a motor carrier certificate or permit issued as the result of an application filed before September 2, 1950, authorizing the carrier to provide transportation in the United States or between the United States and a foreign country (to the extent the transportation is in the United States), may provide the transportation between a place in the United States and a place in a territory or possession of the United States—

(1) without being authorized to do so by the Interstate Commerce Commission; and

(2) to the same extent and subject to the same conditions of the certificate or permit of the carrier.


(b)(1) A motor common carrier providing transportation under an intrastate certificate issued by a State and under a certificate of registration issued by the Commission under section 206(a)(7) of the Interstate Commerce Act (76 Stat. 912) that has been in effect since October 15, 1962, may continue to provide transportation otherwise subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title—

(A) if the certificate of the State authorizing intrastate transportation is limited to a specified period of time, only for that period;

(B) subject to all other applicable provisions of this subtitle;

(C) as long as the carrier provides transportation only in the State issuing the intrastate certificate; and

(D) as long as the carrier is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State.


(2) Except as provided in subchapter III of chapter 113 of this title, the certificate of registration issued by the Commission 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.

(3) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under the certificate of registration is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day. The certificate of registration may be suspended or revoked by the Commission under section 10925 of this title.

(c) Under regulations of the Commission, a motor common carrier transporting passengers under a certificate issued by the Commission as the result of an application filed before January 2, 1967, or under a reissuance of the operating authority provided in the certificate, may provide transportation to any place subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for special and chartered parties.

(d) The Commission may not prescribe a condition for a motor contract carrier permit issued before August 23, 1957, that restricts the authority of the carrier—

(1) to substitute similar contracts within the scope of the permit; or

(2) to add contracts within the scope of the permit, unless the Commission, on its own initiative or on petition of an interested carrier, finds that the scope of the transportation to be provided by the motor contract carrier under any such additional contract is not confined to transportation provided by a motor contract carrier as defined after August 21, 1957.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1417.)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
10932(a) 49:306(a)(2), 309(a)(2). Feb. 4, 1887, ch. 104, 24 Stat. 379, §§206(a)(2), 209(a)(2); added Sept. 1, 1950, ch. 835, §§2, 3, 64 Stat. 574, 575.
10932(b) 49:306(a)(7). Feb. 4, 1887, ch. 104, 24 Stat. 379, §206(a)(7); added Oct. 15, 1962, Pub. L. 87–805, §2, 76 Stat. 912.
10932(c) 49:308(c). Feb. 4, 1887, ch. 104, 24 Stat. 379, §208(c); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 552; restated Nov. 10, 1966, Pub. L. 89–804, §1, 80 Stat. 1521.
10932(d) 49:309(b) (last proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, §209(b) (last proviso); added Aug. 22, 1957, Pub. L. 85–163, §2, 71 Stat. 412.

In subsection (a), the words “heretofore issued under this chapter, or hereafter issued under this chapter” are omitted as unnecessary in view of section 10321(a) of the revised title giving the Interstate Commerce Commission general authority to carry out the subtitle and to prescribe regulations. The words “in the United States or between the United States and a foreign country (to the extent the transportation is in the United States)” are substituted for “interstate or foreign commerce” for consistency and as being more informative. The words “over any route or routes or within any territory” and “limitations” are omitted as unnecessary. The words “may provide the transportation” are substituted for “may . . . engage” for consistency and in view of the jurisdiction of the Commission over transportation under subchapter II of chapter 105 of the revised title.

In subsection (b), the first and second sentences of paragraph (7)(A) and all of paragraph (7)(B) of 49:306(a)(7) are omitted as executed. The word “transportation” is substituted for “operations” for consistency and in view of the jurisdiction of the Commission over transportation. The words “interstate or foreign commerce” are omitted as being already included in the words “subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title”. 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.

In subsection (b)(2) and (3), the words “revokes” and “revoked” with respect to Commission action, are substituted for “shall terminate” and “terminate”, respectively, 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 of public convenience and necessity issued by the Commission” for clarity.

In subsection (c), the words “interstate or foreign commerce” are omitted as being already included in the words “subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title”. The words “rules and regulations as the Commission shall have prescribed” are omitted in view of section 10321(a) of the revised title.

In subsection (d), the words “terms, or limitations” are omitted as unnecessary. The words “on its own initiative” are substituted for “on its own motion” for consistency.

References in Text

Section 206(a)(7) of the Interstate Commerce Act, referred to in subsec. (b)(1), was classified to section 306(a)(7) of former Title 49, Transportation, from which subsec. (b) of this section was derived, and was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1466. For further details, see Historical and Revision Notes above.

Section Referred to in Other Sections

This section is referred to in section 11708 of this title.