US (United States) Code. Title 49. Subtitle IV: Interstate transportation. Chapter 131: General provisions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation. Motor carriers, water, brokers and freight forwarders

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-CITE-

49 USC CHAPTER 131 - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 131 - GENERAL PROVISIONS

-HEAD-

CHAPTER 131 - GENERAL PROVISIONS

-MISC1-

Sec.

13101. Transportation policy.

13102. Definitions.

13103. Remedies as cumulative.

AMENDMENTS

1996 - Pub. L. 104-287, Sec. 5(26)(B), Oct. 11, 1996, 110 Stat.

3390, made technical amendment to heading.

-End-

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49 USC Sec. 13101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 131 - GENERAL PROVISIONS

-HEAD-

Sec. 13101. Transportation policy

-STATUTE-

(a) In General. - To ensure the development, coordination, and

preservation of a transportation system that meets the

transportation needs of the United States, including the United

States Postal Service and national defense, it is the policy of the

United States Government to oversee the modes of transportation and

-

(1) in overseeing those modes -

(A) to recognize and preserve the inherent advantage of each

mode of transportation;

(B) to promote safe, adequate, economical, and efficient

transportation;

(C) to encourage sound economic conditions in transportation,

including sound economic conditions among carriers;

(D) to encourage the establishment and maintenance of

reasonable rates for transportation, without unreasonable

discrimination or unfair or destructive competitive practices;

(E) to cooperate with each State and the officials of each

State on transportation matters; and

(F) to encourage fair wages and working conditions in the

transportation industry;

(2) in overseeing transportation by motor carrier, to promote

competitive and efficient transportation services in order to -

(A) encourage fair competition, and reasonable rates for

transportation by motor carriers of property;

(B) promote efficiency in the motor carrier transportation

system and to require fair and expeditious decisions when

required;

(C) meet the needs of shippers, receivers, passengers, and

consumers;

(D) allow a variety of quality and price options to meet

changing market demands and the diverse requirements of the

shipping and traveling public;

(E) allow the most productive use of equipment and energy

resources;

(F) enable efficient and well-managed carriers to earn

adequate profits, attract capital, and maintain fair wages and

working conditions;

(G) provide and maintain service to small communities and

small shippers and intrastate bus services;

(H) provide and maintain commuter bus operations;

(I) improve and maintain a sound, safe, and competitive

privately owned motor carrier system;

(J) promote greater participation by minorities in the motor

carrier system;

(K) promote intermodal transportation;

(3) in overseeing transportation by motor carrier of passengers

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(A) to cooperate with the States on transportation matters

for the purpose of encouraging the States to exercise

intrastate regulatory jurisdiction in accordance with the

objectives of this part;

(B) to provide Federal procedures which ensure that

intrastate regulation is exercised in accordance with this

part; and

(C) to ensure that Federal reform initiatives enacted by

section 31138 and the Bus Regulatory Reform Act of 1982 are not

nullified by State regulatory actions; and

(4) in overseeing transportation by water carrier, to encourage

and promote service and price competition in the noncontiguous

domestic trade.

(b) Administration To Carry Out Policy. - This part shall be

administered and enforced to carry out the policy of this section

and to promote the public interest.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

853.)

-REFTEXT-

REFERENCES IN TEXT

The Bus Regulatory Reform Act of 1982, referred to in subsec.

(a)(3)(C), is Pub. L. 97-261, Sept. 20, 1982, 96 Stat. 1102. For

complete classification of this Act to the Code, see Short Title of

1982 Amendment note set out under section 10101 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10101 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 13506, 13541, 13703

of this title; title 33 section 1803.

-End-

-CITE-

49 USC Sec. 13102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 131 - GENERAL PROVISIONS

-HEAD-

Sec. 13102. Definitions

-STATUTE-

In this part, the following definitions shall apply:

(1) Board. - The term "Board" means the Surface Transportation

Board.

(2) Broker. - The term "broker" means a person, other than a

motor carrier or an employee or agent of a motor carrier, that as

a principal or agent sells, offers for sale, negotiates for, or

holds itself out by solicitation, advertisement, or otherwise as

selling, providing, or arranging for, transportation by motor

carrier for compensation.

(3) Carrier. - The term "carrier" means a motor carrier, a

water carrier, and a freight forwarder.

(4) Contract carriage. - The term "contract carriage" means -

(A) for transportation provided before January 1, 1996,

service provided pursuant to a permit issued under section

10923, as in effect on December 31, 1995; and

(B) for transportation provided after December 31, 1995,

service provided under an agreement entered into under section

14101(b).

(5) Control. - The term "control", when referring to a

relationship between persons, includes actual control, legal

control, and the power to exercise control, through or by -

(A) common directors, officers, stockholders, a voting trust,

or a holding or investment company, or

(B) any other means.

(6) Foreign motor carrier. - The term "foreign motor carrier"

means a person (including a motor carrier of property but

excluding a motor private carrier) -

(A)(i) that is domiciled in a contiguous foreign country; or

(ii) that is owned or controlled by persons of a contiguous

foreign country; and

(B) in the case of a person that is not a motor carrier of

property, that provides interstate transportation of property

by motor vehicle under an agreement or contract entered into

with a motor carrier of property (other than a motor private

carrier or a motor carrier of property described in

subparagraph (A)).

(7) Foreign motor private carrier. - The term "foreign motor

private carrier" means a person (including a motor private

carrier but excluding a motor carrier of property) -

(A)(i) that is domiciled in a contiguous foreign country; or

(ii) that is owned or controlled by persons of a contiguous

foreign country; and

(B) in the case of a person that is not a motor private

carrier, that provides interstate transportation of property by

motor vehicle under an agreement or contract entered into with

a person (other than a motor carrier of property or a motor

private carrier described in subparagraph (A)).

(8) Freight forwarder. - The term "freight forwarder" means a

person holding itself out to the general public (other than as a

pipeline, rail, motor, or water carrier) to provide

transportation of property for compensation and in the ordinary

course of its business -

(A) assembles and consolidates, or provides for assembling

and consolidating, shipments and performs or provides for

break-bulk and distribution operations of the shipments;

(B) assumes responsibility for the transportation from the

place of receipt to the place of destination; and

(C) uses for any part of the transportation a carrier subject

to jurisdiction under this subtitle.

The term does not include a person using transportation of an air

carrier subject to part A of subtitle VII.

(9) Highway. - The term "highway" means a road, highway,

street, and way in a State.

(10) Household goods. - The term "household goods", as used in

connection with transportation, means personal effects and

property used or to be used in a dwelling, when a part of the

equipment or supply of such dwelling, and similar property if the

transportation of such effects or property is -

(A) arranged and paid for by the householder, except such

term does not include property moving from a factory or store,

other than property that the householder has purchased with the

intent to use in his or her dwelling and is transported at the

request of, and the transportation charges are paid to the

carrier by, the householder; or

(B) arranged and paid for by another party.

(11) Household goods freight forwarder. - The term "household

goods freight forwarder" means a freight forwarder of one or more

of the following items: household goods, unaccompanied baggage,

or used automobiles.

(12) Motor carrier. - The term "motor carrier" means a person

providing motor vehicle transportation for compensation.

(13) Motor private carrier. - The term "motor private carrier"

means a person, other than a motor carrier, transporting property

by motor vehicle when -

(A) the transportation is as provided in section 13501 of

this title;

(B) the person is the owner, lessee, or bailee of the

property being transported; and

(C) the property is being transported for sale, lease, rent,

or bailment or to further a commercial enterprise.

(14) Motor vehicle. - The term "motor vehicle" means a vehicle,

machine, tractor, trailer, or semitrailer propelled or drawn by

mechanical power and used on a highway in transportation, or a

combination determined by the Secretary, but does not include a

vehicle, locomotive, or car operated only on a rail, or a trolley

bus operated by electric power from a fixed overhead wire, and

providing local passenger transportation similar to

street-railway service.

(15) Noncontiguous domestic trade. - The term "noncontiguous

domestic trade" means transportation subject to jurisdiction

under chapter 135 involving traffic originating in or destined to

Alaska, Hawaii, or a territory or possession of the United

States.

(16) Person. - The term "person", in addition to its meaning

under section 1 of title 1, includes a trustee, receiver,

assignee, or personal representative of a person.

(17) Pre-arranged ground transportation service. - The term

"pre-arranged ground transportation service" means transportation

for a passenger (or a group of passengers) that is arranged in

advance (or is operated on a regular route or between specified

points) and is provided in a motor vehicle with a seating

capacity not exceeding 15 passengers (including the driver).

(18) Secretary. - The term "Secretary" means the Secretary of

Transportation.

(19) State. - The term "State" means the 50 States of the

United States and the District of Columbia.

(20) Taxicab service. - The term "taxicab service" means

passenger transportation in a motor vehicle having a capacity of

not more than 8 passengers (including the driver), not operated

on a regular route or between specified places, and that -

(A) is licensed as a taxicab by a State or a local

jurisdiction; or

(B) is offered by a person that -

(i) provides local transportation for a fare determined

(except with respect to transportation to or from airports)

primarily on the basis of the distance traveled; and

(ii) does not primarily provide transportation to or from

airports.

(21) Transportation. - The term "transportation" includes -

(A) a motor vehicle, vessel, warehouse, wharf, pier, dock,

yard, property, facility, instrumentality, or equipment of any

kind related to the movement of passengers or property, or

both, regardless of ownership or an agreement concerning use;

and

(B) services related to that movement, including arranging

for, receipt, delivery, elevation, transfer in transit,

refrigeration, icing, ventilation, storage, handling, packing,

unpacking, and interchange of passengers and property.

(22) United states. - The term "United States" means the States

of the United States and the District of Columbia.

(23) Vessel. - The term "vessel" means a watercraft or other

artificial contrivance that is used, is capable of being used, or

is intended to be used, as a means of transportation by water.

(24) Water carrier. - The term "water carrier" means a person

providing water transportation for compensation.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

854; amended Pub. L. 104-287, Sec. 5(27), Oct. 11, 1996, 110 Stat.

3390; Pub. L. 106-159, title II, Sec. 209(a), Dec. 9, 1999, 113

Stat. 1764; Pub. L. 107-298, Sec. 3(a), Nov. 26, 2002, 116 Stat.

2343.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287, SEC. 5(27)(A)

This amends 49:13102(4)(A) by setting out the effective date of

the ICC Termination Act of 1995 (Public Law 104-88, 109 Stat. 803)

and the day before that date.

PUB. L. 104-287, SEC. 5(27)(B)

This amends 49:13102(4)(B) for clarity and consistency.

-REFTEXT-

REFERENCES IN TEXT

Section 10923, referred to in par. (4)(A), was omitted in the

general amendment of this subtitle by Pub. L. 104-88, title I, Sec.

102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10102 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

2002 - Pars. (17) to (24). Pub. L. 107-298 added pars. (17) and

(20) and redesignated former pars. (17), (18), (19), (20), (21),

and (22) as pars. (18), (19), (21), (22), (23), and (24),

respectively.

1999 - Par. (10)(A). Pub. L. 106-159 substituted ", except such

term does not include property moving from a factory or store,

other than property that the householder has purchased with the

intent to use in his or her dwelling and is transported at the

request of, and the transportation charges are paid to the carrier

by, the householder;" for ", including transportation of property

from a factory or store when the property is purchased by the

householder with intent to use in his or her dwelling,".

1996 - Par. (4)(A). Pub. L. 104-287, Sec. 5(27)(A), substituted

"January 1, 1996" for "the effective date of this section" and

"December 31, 1995" for "the day before the effective date of this

section".

Par. (4)(B). Pub. L. 104-287, Sec. 5(27)(B), substituted "after

December 31, 1995" for "on or after such date".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 501, 5102, 5901, 14101,

14706, 31138, 41713 of this title; title 15 section 6781; title 18

section 921; title 29 section 186; title 39 section 5201; title 42

section 4917.

-End-

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49 USC Sec. 13103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 131 - GENERAL PROVISIONS

-HEAD-

Sec. 13103. Remedies as cumulative

-STATUTE-

Except as otherwise provided in this part, the remedies provided

under this part are in addition to remedies existing under another

law or common law.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

856.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10103 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-