I

103D CONGRESS

1ST SESSION H. R. 2860

To amend the Interstate Commerce Act to modify the Interstate Commerce

Commission’s regulatory responsibilities over the trucking industry, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1993

Mr. EMERSON introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To amend the Interstate Commerce Act to modify the Interstate Commerce Commission’s regulatory responsibilities

over the trucking industry, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Trucking Regulatory

5 Reform Act of 1993’’.

6 SEC. 2. PURPOSE.

7 This Act is part of the continuing effort by the Con8 gress to reduce burdensome and unnecessary Government
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1 regulation and to enhance competition, safety, and effi2 ciency in the motor carrier industry.

3 SEC. 3. FINDINGS.

4 Congress finds that—

5 (1) a safe, sound, competitive, and fuel-efficient

6 motor carrier system is vital to the maintenance of

7 a strong national economy and a strong national de8 fense;

9 (2) the statutes governing Federal regulation of

10 the motor carrier industry are outdated and must be

11 revised to reflect present and future transportation

12 needs and realities;

13 (3) significant competitive and consumer bene14 fits have resulted from the enactment and implemen15 tation of the Motor Carrier Act of 1980;

16 (4) limitation of the Interstate Commerce Com17 mission’s regulatory responsibility over motor car18 riers of property will result in enhanced competition

19 in the motor carrier industry;

20 (5) elimination of unnecessary regulatory re21 quirements will improve performance of the motor

22 carrier industry at both the Federal and the State

23 level;
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1 (6) streamlined regulatory oversight functions

2 will result in a reduction of the paperwork burden

3 for businesses and government; and

4 (7) legislative and resulting changes should be

5 implemented with the least amount of disruption

6 consistent with achieving the reforms enacted.

7 SEC. 4. TRANSPORTATION POLICY.

8 Section 10101(a)(2) of title 49, United States Code,

9 is amended—

10 (1) by redesignating clauses (A) through (I) as

11 clauses (C) through (K), respectively;

12 (2) by inserting after ‘‘in order to’’ the follow13 ing new clauses: ‘‘(A) allow, to the maximum extent

14 possible, competition and the demand for services to

15 establish reasonable rates for transportation by

16 motor carriers of property; (B) minimize the need

17 for Federal regulatory control over the motor carrier

18 transportation system and to require fair and expe19 ditious regulatory decisions when regulation is re20 quired;’’.

21 SEC. 5. DEFINITIONS.

22 Section 10102 of title 49, United States Code, is

23 amended—

24 (1) by redesignating paragraphs (13) and (14)

25 as paragraphs (14) and (15), respectively;
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1 (2) by inserting after paragraph (12) the fol2 lowing new paragraph:

3 ‘‘(13) ‘independently determined rate, classifica4 tion, rule or practice’ means a rate, classification,

5 rule, or practice established by—

6 ‘‘(A) a single motor common carrier for

7 application only to transportation that it can

8 provide over its line; or

9 ‘‘(B) 2 or more interlining carriers without

10 participation in an organization established or

11 continued under an agreement approved under

12 section 10706(b) for application only to trans13 portation that the interlining carriers can pro14 vide jointly over their lines.’’;

15 (3) by inserting after paragraph (15), as so re16 designated, the following new paragraph:

17 ‘‘(16) ‘motor common carrier independent ac18 tion’ means any action taken by a motor common

19 carrier of property that is a member of an organiza20 tion established or continued under an agreement

21 approved under section 10706(b) or by 2 or more

22 interlining motor common carriers of property that

23 are members of such an organization—

24 ‘‘(A) to establish a rate, classification, rule,

25 or practice to be published by the organization
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1 in the appropriate organization or individual

2 tariff or to cancel a rate, classification, rule, or

3 practice for the account of the motor common

4 carrier or the interlining motor common car5 riers; or

6 ‘‘(B) to instruct the organization that an

7 existing rate established by collective action (in8 cluding a joint-rate, general rate increase, or

9 broad tariff restructuring) which is proposed to

10 be instituted, changed, or canceled, be retained

11 with or without modification for the account of,

12 or be made inapplicable to the account of, the

13 carrier or the accounts of the interlining car14 riers and published in the appropriate organiza15 tion or individual carrier tariffs.’’; and

16 (4) by redesignating existing paragraphs (15)

17 through (31) as paragraphs (17) through (33), re18 spectively.

19 SEC. 6. EXEMPTIONS.

20 Section 10505 of title 49, United States Code, is

21 amended—

22 (1) in subsection (a) by inserting ‘‘, or a motor

23 carrier providing transportation of property other

24 than household goods,’’ after ‘‘rail carrier providing

25 transportation’’;
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1 (2) in each of subsections (a)(1) and (d) by in2 serting ‘‘or section 10101(a)’’ after ‘‘section

3 10101a’’; and

4 (3) in subsection (f) by inserting ‘‘or a motor

5 carrier providing transportation of property other

6 than household goods’’ after ‘‘rail carrier’’.

7 SEC. 7. RATE BUREAUS.

8 (a) Section 10706(b) of title 49, United States Code,

9 is amended—

10 (1) in paragraph (2) by striking ‘‘As provided

11 by this subsection, a’’ and inserting ‘‘A’’;

12 (2) in paragraph (2) by striking ‘‘them.’’ at the

13 end of the first sentence and inserting ‘‘them, only

14 as provided by this subsection.’’;

15 (3) in paragraph (3) by striking ‘‘Agreements’’

16 and inserting ‘‘An agreement’’;

17 (4) by redesignating paragraphs (3) through

18 (5) as paragraphs (4) through (6), respectively; and

19 (5) by inserting after paragraph (2) the follow20 ing new paragraph:

21 ‘‘(3) If the agreement is not made and carried out

22 under the conditions required by the Commission with re23 spect to a rate, classification, rule, or practice, the fact

24 that the rate, classification, rule, or practice was included

25 in a tariff duly filed with the Commission shall not relieve
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1 any carrier participating in it from liability or any remedy

2 available under the antitrust laws, as defined in the first

3 section of the Clayton Act (15 U.S.C. 12), unless the Com4 mission has determined reasonableness of the rate, classi5 fication, rule, or practice under the provisions of this sub6 title.’’.

7 (b) Section 10706(b)(4) of title 49, United States

8 Code, as redesignated by subsection (a)(4) of this section,

9 is amended—

10 (1) by redesignating subparagraphs (E)

11 through (H) as subparagraphs (F) through (I), re12 spectively; and

13 (2) by inserting after subparagraph (D) the fol14 lowing new subparagraph:

15 ‘‘(E) No agreement approved under this sub16 section may provide for docketing of the independent

17 actions of motor common carriers providing trans18 portation of property other than household goods or

19 for discussion of or voting upon those independent

20 actions.’’.

21 SEC. 8. STANDARDS FOR RATEMAKING.

22 (a) Section 10701(a) of title 49, United States Code,

23 is amended—

24 (1) by striking ‘‘(other than a rail rate),’’ in the

25 first sentence and inserting ‘‘(other than a (1) rail
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1 rate, or (2) an independently determined rate or a

2 rate determined by the independent action, as de3 fined in section 10102(16)(A), of a motor carrier

4 providing transportation of property other than

5 household goods),’’;

6 (2) by striking ‘‘(including a rail carrier)’’ in

7 the second sentence and inserting ‘‘(including a rail

8 carrier, but excluding a motor carrier providing

9 transportation of property other than household

10 goods under rates described in clause (2) of the first

11 sentence of this subsection)’’; and

12 (3) by striking ‘‘(including rail carriers)’’ in the

13 third sentence and inserting ‘‘(including rail car14 riers, but excluding motor carriers providing trans15 portation of property other than household goods

16 under rates described in clause (2) of the first sen17 tence of this subsection)’’.

18 (b) Section 10701(e) of title 49, United States Code,

19 is amended by inserting ‘‘(except a motor carrier or a

20 group of motor carriers providing transportation of prop21 erty other than household goods under independently de22 termined rates or rates determined by independent action,

23 as defined in section 10102(16)(A))’’ after ‘‘motor car24 riers’’.
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1 SEC. 9. PRESCRIPTION OF RATES, CLASSIFICATIONS,

2 RULES, AND PRACTICES BY THE INTERSTATE

3 COMMERCE COMMISSION.

4 (a) Section 10704(b)(1) of title 49, United States

5 Code, is amended—

6 (1) in subparagraph (A) by inserting after

7 ‘‘title’’ the following: ‘‘(except as to a motor common

8 carrier providing transportation of property other

9 than household goods under independently deter10 mined rates or rates determined by independent ac11 tion, as defined in section 10102(16)(A))’’; and

12 (2) by inserting ‘‘, except as provided in para13 graph (2) of this subsection, or the’’ after ‘‘shall

14 prescribe,’’.

15 (b) Section 10704(b) of title 49, United States Code,

16 is amended—

17 (1) by redesignating paragraphs (2), (3), and

18 (4) as paragraphs (3), (4), and (5), respectively; and

19 (2) by inserting after paragraph (1) the follow20 ing new paragraph:

21 ‘‘(2) If the carrier is a motor common carrier provid22 ing transportation of property other than household goods

23 which establishes rates collectively in an organization es24 tablished or continued under an agreement approved

25 under section 10706 of this title or by independent action,

26 as defined in section 10102(16)(B), the Commission shall
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1 prescribe only the maximum rate or the classification,

2 rule, or practice to be followed.’’.

3 (c) Section 10704(c)(1) of title 49, United States

4 Code, is amended—

5 (1) in the first sentence by inserting ‘‘(except a

6 motor contract carrier providing transportation of

7 property other than household goods)’’ after ‘‘con8 tract carrier’’ the first place it appears;

9 (2) in the first sentence by inserting ‘‘(except

10 the minimum rate of a motor contract carrier pro11 viding transportation of property other than house12 hold goods)’’ after ‘‘minimum rate’’ the second place

13 it appears; and

14 (3) in the second sentence by striking ‘‘rate,’’

15 and inserting ‘‘rate (except the rate of a motor con16 tract carrier providing transportation of property

17 other than households goods),’’.

18 (d) Section 10704(c)(2) of title 49, United States

19 Code, is amended by inserting ‘‘except a motor contract

20 carrier providing transportation of property other than

21 household goods,’’ after ‘‘contract carrier,’’.

22 (e) Section 10704(d) of title 49, United States Code,

23 is amended by inserting ‘‘and motor carriers providing

24 transportation of property other than household goods’’

25 after ‘‘rail carriers’’.
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1 (f) Section 10705(b) of title 49, United States Code,

2 is amended by adding at the end the following new para3 graph:

4 ‘‘(3) Nothing in this section shall be applicable to

5 motor common carriers providing transportation of prop6 erty other than household goods under rates, classifica7 tions, rules, and practices that have been independently

8 determined, as defined in section 10102(13), or estab9 lished by independent action as defined in section

10 10102(16)(A).’’.

11 SEC. 10. INVESTIGATION AND SUSPENSION OF NEW RATES,

12 CLASSIFICATIONS, RULES, AND PRACTICES.

13 (a) Section 10708(a)(1) of title 49, United States

14 Code, is amended—

15 (1) in subparagraph (A)—

16 (A) by inserting ‘‘(except as to new indi17 vidual rates, classifications, rules, and practices

18 that are independently determined, as defined

19 in section 10102(13), or established by inde20 pendent action, as defined in section

21 10102(16)(A), by motor common carriers pro22 viding transportation of property other than

23 household goods)’’ after ‘‘affecting a rate’’; and

24 (B) by striking ‘‘or’’ the last place it ap25 pears;
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1 (2) in subparagraph (B)—

2 (A) by inserting ‘‘(other than a motor con3 tract carrier providing transportation of prop4 erty other than households goods)’’ after ‘‘con5 tract carrier’’; and

6 (B) by striking the period at the end of

7 such subparagraph and inserting ‘‘; or’’; and

8 (3) by inserting after subparagraph (B) the fol9 lowing new subparagraph:

10 ‘‘(C) a new rate, classification, rule, or practice

11 described in subparagraph (A) and established by

12 independent action, as defined in section

13 10102(16)(B), or established collectively in accord14 ance with the procedures of an agreement approved

15 by the Commission under section 10706(b) is filed

16 with the Commission by or on behalf of a motor

17 common carrier or 2 or more interlining motor com18 mon carriers providing transportation of property,

19 other than household goods.’’.

20 (b) Section 10708(d) of title 49, United States Code,

21 is amended—

22 (1) in paragraph (1) by striking ‘‘motor com23 mon carrier of property or’’ and inserting ‘‘motor

24 common carrier providing transportation of house25 hold goods or a’’;
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1 (2) in paragraph (2) by striking ‘‘of property’’

2 and inserting ‘‘providing transportation of household

3 goods’’;

4 (3) in paragraph (2)(B)(i) by striking ‘‘carriers

5 or’’ and inserting ‘‘motor common carriers providing

6 transportation of households goods or’’; and

7 (4) in paragraph (6) by inserting ‘‘(except as to

8 independent actions by motor common carriers of

9 property other than household goods)’’ after ‘‘dock10 eting’’.

11 (c) Section 10708(e) of title 49, United States Code,

12 is amended—

13 (1) by striking ‘‘3 years after the effective date

14 of this subsection,’’;

15 (2) by inserting ‘‘(1)’’ before ‘‘a motor common

16 carrier of passengers’’;

17 (3) by inserting after ‘‘too low,’’ the following:

18 ‘‘or (2) a motor common carrier providing transpor19 tation of property other than household goods on the

20 grounds that such a rate is unreasonable on the

21 basis that it is too high,’’;

22 (4) by inserting ‘‘by independent action, as de23 fined in section 10102(16)(B), or is established’’

24 after ‘‘rate is established’’; and
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1 (5) by striking ‘‘title.’’ and inserting ‘‘title or

2 the result of an independent action, as defined in

3 section 10102(16)(B).’’.

4 SEC. 11. SPECIAL RATES.

5 (a) Section 10725 of title 49, United States Code,

6 is amended—

7 (1) in subsection (b) by striking ‘‘A’’ and in8 serting ‘‘(1) Except as provided in paragraph (2) of

9 this subsection, a’’; and

10 (2) by adding at the end of subsection (b) the

11 following new paragraph:

12 ‘‘(2) The limitations of paragraph (1) of this sub13 section shall not apply to rates, classifications, and rules

14 established pursuant to subsection (a) of this section if

15 they are independently determined, as defined in section

16 10102(13), or established by independent action, as de17 fined in section 10102(16)(A), by a motor common carrier

18 providing transportation of property other than household

19 goods.’’; and

20 (3) by inserting at the end of subsection (c) the

21 following new sentence: ‘‘A motor common carrier

22 providing transportation of property other than

23 household goods may establish any rate for the

24 transportation if the rate is independently deter25 mined, as defined in section 10102(13), or estab-
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1 lished by independent action, as defined in section

2 10102(16)(A).’’.

3 (b) Section 10730(b)(2) of title 49, United States

4 Code, is amended by inserting at the end the following

5 new sentence: ‘‘The Commission may grant relief from

6 this paragraph with respect to one or more motor common

7 carriers providing transportation of property other than

8 household goods when relief is consistent with the public

9 interest and the transportation policy of section 10101 of

10 this title. The Commission may begin a proceeding under

11 this paragraph on application of 1 or more motor common

12 carriers providing transportation of property other than

13 household goods or on its own initiative.’’.

14 (c) The second sentence of section 10747 of title 49,

15 United States Code, is amended by inserting ‘‘(except a

16 motor common carrier providing transportation of prop17 erty other than household goods under rates that are inde18 pendently determined, as defined in section 10102(13), or

19 established by independent action, as defined in section

20 10102(16)(A))’’ after ‘‘of this title’’.

21 SEC. 12. PROCEDURE FOR RESOLVING DISPUTES.

22 (a) GENERAL RULE.—For purposes of section 10701

23 of title 49, United States Code, it shall be an unreasonable

24 practice for a nonhousehold goods motor carrier, a

25 nonhousehold goods freight forwarder, or a person rep-
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1 resenting such a carrier or freight forwarder (hereinafter

2 in this section referred to as a ‘‘representative’’) to at3 tempt to charge or to charge for a transportation service

4 the difference between—

5 (1) the rate that is lawfully in effect pursuant

6 to a tariff that is filed in accordance with chapter

7 107 of such title by the carrier or freight forwarder

8 and that is applicable to such transportation service,

9 and

10 (2) the negotiated rate for such transportation

11 service,

12 if the carrier or freight forwarder is no longer transporting

13 property between places described in section 10521(a)(1)

14 of such title or is transporting property between places

15 described in such section for the purpose of avoiding the

16 application of this subsection.

17 (b) JURISDICTION OF THE COMMISSION.—The Com18 mission shall have exclusive jurisdiction to make a deter19 mination of whether or not the attempting to charge or

20 the charging of a person for a transportation service rate

21 by a carrier, freight forwarder, or a representative is an

22 unreasonable practice under subsection (a). In making

23 such a determination, the Commission shall consider—

24 (1) whether such person was offered a transpor25 tation rate by the carrier or freight forwarder other
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1 than that legally on file with the Commission for

2 such transportation service,

3 (2) whether such person tendered freight to the

4 carrier or freight forwarder in reasonable reliance

5 upon the offered transportation rate,

6 (3) whether the carrier or freight forwarder did

7 not properly or timely file with the Commission a

8 tariff providing for such transportation rate or failed

9 to execute a valid contract for such transportation

10 service,

11 (4) whether the transportation rate was billed

12 and collected by the carrier or freight forwarder, and

13 (5) whether the carrier, freight forwarder, or

14 representative demands additional payment of a

15 higher rate filed in a tariff.

16 (c) STAY OF ADDITIONAL COMPENSATION.—When a

17 person proceeds under this section to challenge the reason18 ableness of the practice of, or the legally applicable freight

19 rate or charges being claimed by, a carrier, freight for20 warder, or representative described in subsection (a) in ad21 dition to those already billed and collected, such person

22 shall not have to pay any additional compensation to such

23 carrier, freight forwarder, or representative until the Com24 mission has made a determination as to the reasonable-
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1 ness of the challenged rate or practice as applied to the

2 freight of the person against whom the claim is made.

3 (d) SATISFACTION OF CLAIMS.—A person from whom

4 the additional rates or charges are sought may elect to

5 satisfy such claim by payment of 10 percent of the dif6 ference between the carrier’s legally applicable and effec7 tive tariff rate or charge and the rate originally billed and

8 paid. In the event that a dispute arises as to the rate that

9 was legally applicable to the shipment, such dispute shall

10 be resolved by the Commission.

11 (e) SPECIAL RULE FOR SMALL-BUSINESS CONCERNS

12 AND CHARITABLE ORGANIZATIONS.—Notwithstanding

13 subsections (a), (b), and (d), a person from whom the ad14 ditional legally applicable and effective tariff rate or

15 charges are sought may elect to satisfy such claim by pay16 ment of 1 percent of the difference between the carrier’s

17 applicable and effective tariff rate and the rate originally

18 billed and paid if such person qualifies as a small-business

19 concern under the Small Business Act (15 U.S.C. 631 et

20 seq.) or is an organization which is described in section

21 501(c)(3) of the Internal Revenue Code and exempt from

22 tax under section 501(a) of such Code. In the event that

23 a dispute arises as to the rate that was legally applicable

24 to the shipment, such dispute shall be resolved by the

25 Commission.
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1 (f) NOTIFICATION OF ELECTION.—A person must

2 notify the carrier, freight forwarder, or representative as

3 to its election to proceed under subsection (d) or (e) not

4 later than the 120th day after the date of receipt of notifi5 cation by the claimant or plaintiff of the election provi6 sions of this section.

7 (g) EFFECTS OF ELECTION.—When a person from

8 whom additional legally applicable and effective tariff

9 rates or charges are sought does not elect to use the provi10 sions of subsection (d) or (e), the person may pursue all

11 rights and remedies existing under title 49, United States

12 Code.

13 (h) TREATMENT OF SUBSECTION.—Subsections (a)

14 through (g) are enacted as an exception, and shall be

15 treated as an exception, to the requirement of sections

16 10761(a) and 10762 of title 49, United States Code, relat17 ing to a filed tariff rate for a transportation or service

18 subject to the jurisdiction of the Commission and other

19 general tariff requirements.

20 (i) DEFINITIONS.—For purposes of this section, the

21 following definitions apply:

22 (1) COMMISSION, HOUSEHOLD GOODS, AND

23 HOUSEHOLD GOODS FREIGHT FORWARDER.—The

24 terms ‘‘Commission’’, ‘‘household goods’’, and

25 ‘‘household goods freight forwarder’’ have the mean-
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1 ing such terms have under section 10102 of title 49,

2 United States Code.

3 (2) NONHOUSEHOLD GOODS FREIGHT FOR4 WARDER.—The term ‘‘nonhousehold goods freight

5 forwarder’’ means a freight forwarder as defined in

6 section 10102 of title 49, United States Code, except

7 that such term does not include a household goods

8 freight forwarder.

9 (3) NONHOUSEHOLD GOODS MOTOR CARRIER.—

10 The term ‘‘nonhousehold goods motor carrier’’

11 means a motor carrier as defined under section

12 10102 of title 49, United States Code of property

13 (other than household goods).

14 (4) NEGOTIATED RATE.—The term ‘‘negotiated

15 rate’’ means a rate, charge, classification, or rule

16 agreed upon by a nonhousehold goods motor carrier

17 or nonhousehold goods freight forwarder and a ship18 per through negotiations pursuant to which no tariff

19 was lawfully or timely filed with the Commission and

20 for which there is written evidence of such agree21 ment.

22 (j) STATUTE OF LIMITATIONS.—

23 (1) MOTOR CARRIER CHARGES.—Section

24 11706(a) of title 49, United States Code, is amend25 ed by striking the period at the end and inserting
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1 the following: ‘‘; except that a common carrier pro2 viding transportation or service subject to the juris3 diction of the Commission under chapter 105 of this

4 title—

5 ‘‘(1) must begin, within 24 months after the

6 claim accrues, a civil action to recover charges for

7 such transportation or service if such transportation

8 or service is provided by the carrier on or after the

9 date of the enactment of this exception and before

10 the date that is 1 year after such date of enactment;

11 and

12 ‘‘(2) must begin, within 18 months after the

13 claim accrues, such a civil action if such transpor14 tation or service is provided by the carrier on or

15 after the date that is 1 year after such date of en16 actment.’’.

17 (2) MOTOR CARRIER OVERCHARGES.—Section

18 11706(b) of title 49, United States Code, is amend19 ed by striking the period at the end of the first sen20 tence and inserting the following: ‘‘except that a per21 son must begin, within 24 months after the claim

22 accrues, a civil action to recover overcharges from a

23 carrier subject to the jurisdiction of the Commission

24 under subchapter II of chapter 105 of this title for

25 transportation or service if such transportation or
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1 service takes place on or after the date of the enact2 ment of this exception and before the date that is

3 1 year after such date of enactment, and a person

4 must begin, within 18 months after the claim ac5 crues, such a civil action for transportation or serv6 ice taking place on or after the date that is 1 year

7 after such date of enactment.’’.

8 (3) CONFORMING AMENDMENT.—Section

9 11706(d) of title 49, United States Code, is amend10 ed by striking ‘‘3-year period’’ each place it appears

11 and inserting ‘‘limitations period’’.

12 (k) TARIFF RECONCILIATION RULES FOR MOTOR

13 CARRIERS OF PROPERTY.—

14 (1) IN GENERAL.—Chapter 117 of title 49,

15 United States Code, is amended by adding at the

16 end the following new section:

17 ‘‘§ 11712. Tariff reconciliation rules for motor com18 mon carriers of property

19 ‘‘(a) MUTUAL CONSENT.—Subject to Commission re20 view and approval, motor carriers subject to the jurisdic21 tion of the Commission under subchapter II of chapter

22 105 of this title and shippers may resolve, by mutual con23 sent, overcharge and undercharge claims resulting from

24 incorrect tariff provisions or billing errors arising from the

25 inadvertent failure to properly or timely file and maintain
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1 agreed upon rates, rules, or classifications in compliance

2 with sections 10761 and 10762 of this title. Resolution

3 of such claims among the parties shall not subject any

4 party to the penalties of chapter 119 of this title.

5 ‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—

6 Nothing in this section shall relieve the motor carrier of

7 the duty to file and adhere to its rates, rules, and classi8 fications as required in sections 10761 and 10762, except

9 as provided in subsection (a) of this section.

10 ‘‘(c) RULEMAKING PROCEEDING.—Not later than 90

11 days after the date of the enactment of this section, the

12 Commission shall institute a proceeding to establish rules

13 pursuant to which the tariff requirements of sections

14 10761 and 10762 of this title shall not apply under cir15 cumstances described in subsection (a) of this section.’’.

16 (2) CONFORMING AMENDMENT.—The analysis

17 for chapter 117 of title 49, United States Code, is

18 amended by adding at the end the following:

‘‘11712. Tariff reconciliation rules for motor common carriers of property.’’.

19 (l) CUSTOMER ACCOUNT CODES.—Section 10762(g)

20 of title 49, United States Code, is amended to read as

21 follows:

22 ‘‘(g) CUSTOMER ACCOUNT CODES.—No tariff filed

23 with the Commission before, on, or after the date of the

24 enactment of this subsection may be held invalid solely on

25 the basis that a numerical or alpha account code is used
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1 in such tariff to designate customers or to describe the

2 applicability of rates. For transportation performed on

3 and after the 90th day following such date of enactment,

4 the name of the customer for each account code must be

5 set forth in a tariff.’’.

6 (m) PAYMENT OF RATES.—Section 10743(b)(1) of

7 title 49, United States Code, is amended by adding at the

8 end the following new sentence: ‘‘Carriers may not by tar9 iff publication override regulations of the Commission.’’.

10 (n) FAILURE TO PARTICIPATE IN AGENT’S TAR11 IFF.—Section 10762(b)(1) of title 49, United States Code,

12 is amended by inserting after the first sentence the follow13 ing new sentence: ‘‘Regulations of the Commission relat14 ing to tariff publication and filing may provide that tariffs

15 which do not comply with such regulations are void.’’.

16 (o) EFFECTIVE DATE.—

17 (1) GENERAL RULE.—Except as provided in

18 paragraph (2), this section (including the amend19 ments made by this section) shall take effect on the

20 date of the enactment of this Act.

21 (2) EXCEPTION.—Subsections (a) through (i)

22 shall apply to—

23 (A) any proceeding before the Interstate

24 Commerce Commission, and

25 (B) any court action,
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1 which is pending or commenced on or after the date

2 of the enactment of this Act.

3 SEC. 13. TARIFF FILING.

4 (a) Section 10702(b) of title 49, United States Code,

5 is amended by inserting ‘‘, except a motor contract carrier

6 of property,’’ after ‘‘A contract carrier’’ and by inserting

7 ‘‘of passengers’’ in the second sentence after ‘‘motor con8 tract carrier’’.

9 (b) Section 10761(a) of title 49, United States Code,

10 is amended—

11 (1) by inserting ‘‘and in subsection (b) of this

12 section’’ after ‘‘subtitle’’;

13 (2) by inserting after ‘‘105 of this title’’ the fol14 lowing: ‘‘(excluding a motor common carrier provid15 ing transportation of property other than household

16 goods under independently determined rates, as de17 fined in section 10102(13), or rates established by

18 independent action, as defined in section

19 10102(16)(A))’’; and

20 (3) by striking ‘‘That carrier’’ and inserting ‘‘A

21 carrier subject to this subsection’’.

22 (c) Section 10761 of title 49, United States Code,

23 is amended by redesignating subsections (b) and (c) as

24 subsections (c) and (d), respectively, and by inserting after

25 subsection (a) the following new subsection:
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1 ‘‘(b) The rate for transportation or service, specified

2 in a tariff filed by a motor common carrier providing

3 transportation of property other than household goods

4 under rates determined collectively in accordance with an

5 agreement approved by the Commission under section

6 10706(b) or by independent action, as defined in section

7 10102(16)(B), shall be considered a maximum rate.’’.

8 (d) Section 10762(a) of title 49, United States Code,

9 is amended—

10 (1) in paragraph (1) by inserting ‘‘(except a

11 motor common carrier providing transportation of

12 property other than household goods under inde13 pendently determined rates, as defined in section

14 10102(13), or rates established by independent ac15 tion, as defined in section 10102(16)(A) of this

16 title)’’ after ‘‘A motor common carrier’’ in the sec17 ond sentence and after ‘‘that motor common car18 riers’’ in the third sentence;

19 (2) by inserting after the third sentence the fol20 lowing new sentence: ‘‘A motor contract carrier of

21 property is not required to publish or file actual or

22 minimum rates under this subtitle.’’; and

23 (3) by striking ‘‘or a motor carrier of property

24 providing transportation under a certificate to which

25 the provisions of section 10922(b)(4)(E) of this title
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1 apply or under a permit to which the provisions of

2 section 10923(b)(5) of this title apply’’.

3 (e) Section 10762(c)(2) of title 49, United States

4 Code, is amended by inserting ‘‘(except a motor contract

5 carrier of property or a motor contract carrier of pas6 sengers)’’ after ‘‘contract carrier’’.

7 (f) Section 11916 of title 49, United States Code, is

8 amended—

9 (1) by striking ‘‘When’’ and inserting ‘‘(a) Ex10 cept as provided in subsection (b), when’’;

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(b) When a motor common carrier providing trans14 portation of property other than household goods files with

15 the Commission or publishes a particular rate under chap16 ter 107 of this title or participates in one of those rates

17 and that rate was established by independent action, as

18 defined in section 10102(16)(B), or established collectively

19 in accordance with an agreement approved by the Com20 mission under section 10706(b), then the published or

21 filed rate is conclusive proof against that carrier, its offi22 cers, and agents that it is the maximum legal rate for that

23 transportation or service in a proceeding begun under sec24 tion 11902 and 11903 of this title. A departure, or offer
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1 to depart, from that rate is a violation of those sections

2 only if it exceeds that rate.’’.

3 SEC. 14. STANDARDS FOR SAFETY FITNESS.

4 (a) USE OF SAFETY RATINGS.—The Secretary of

5 Transportation and the Interstate Commerce Commission

6 shall determine jointly by rule, after notice and oppor7 tunity for comment, the proper use of safety ratings (espe8 cially conditional and unsatisfactory ratings) developed

9 pursuant to section 215 of the Motor Carrier Safety Act

10 of 1984 (49 U.S.C. App. 2512), in determining whether

11 a motor carrier owner or operator or an applicant for an

12 operating certificate meets the safety fitness requirements

13 of that provision.

14 (b) ICC PROCEDURES.—The Interstate Commerce

15 Commission, in cooperation with the Secretary of Trans16 portation, shall determine by rule, after notice and oppor17 tunity for comment, appropriate procedures by which the

18 Commission may suspend or revoke the certificates of car19 riers that fail to meet the safety fitness requirements de20 scribed in subsection (a) and any other safety require21 ments established by the Commission.

22 SEC. 15. MOTOR COMMON CARRIER LICENSING.

23 (a) Section 10922(b)(1) of title 49, United States

24 Code, is amended—
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1 (1) by striking ‘‘finds—’’ and inserting ‘‘finds

2 that the person is able to comply with—’’;

3 (2) by striking subparagraphs (A) and (B) and

4 all that follows through the period at the end and

5 inserting the following:

6 ‘‘(A) this subtitle, the regulations of the Com7 mission, and any safety requirements imposed by the

8 Commission; and

9 ‘‘(B) the safety fitness requirements established

10 by the Secretary of Transportation in consultation

11 with the Commission pursuant to section 215 of the

12 Motor Carrier Safety Act of 1984 (49 U.S.C. App.

13 2512); and

14 ‘‘(C) the minimum financial responsibility re15 quirements established by the Commission pursuant

16 to section 10927 of this title.’’.

17 (b) Section 10922(b)(2) of title 49, United States

18 Code, is amended—

19 (1) by striking subparagraphs (A) and (B);

20 (2) by striking ‘‘at least the following:’’ and in21 serting the following: ‘‘any evidence demonstrating

22 that the applicant is unable to comply with this sub23 title, the regulations of the Commission, Commission

24 safety requirements, or the safety fitness and mini-
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1 mum financial responsibility requirements referred

2 to in paragraph (1) of this subsection.’’.

3 (c) Section 10922(b) of title 49, United States Code,

4 is amended—

5 (1) by striking paragraphs (3) and (4);

6 (2) by inserting after paragraph (2) the follow7 ing new paragraph:

8 ‘‘(3) The Commission, pursuant to section 215(d) of

9 the Motor Carrier Safety Act of 1984 (49 U.S.C. App.

10 2512(d)), shall find any applicant for authority to operate

11 as a motor carrier under this section to be unfit if the

12 applicant does not meet the safety fitness requirements

13 referred to in paragraph (1)(B) and shall deny the appli14 cation.’’;

15 (3) by redesignating paragraph (5) as para16 graph (4);

17 (4) in paragraph (4), as so redesignated, by

18 striking ‘‘holding authority under paragraph (4)(D)

19 of this subsection,’’ and inserting ‘‘motor carrier

20 providing transportation of shipments weighing 100

21 pounds or less transported in a motor vehicle in

22 which no one package exceeds 100 pounds and’’;

23 (5) by inserting after paragraph (4), as so re24 designated, the following new paragraph:
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1 ‘‘(5) A person may protest an application to provide

2 transportation under this subsection only on the grounds

3 that the applicant fails or will fail to comply with this sub4 title, the regulations of the Commission, Commission safe5 ty requirements, or the safety fitness or minimum finan6 cial responsibility requirements referred to in paragraph

7 (1) of this subsection.’’; and

8 (6) by striking paragraphs (6) through (9).

9 (d) Section 10922(g)(1) of title 49, United States

10 Code, is amended by striking ‘‘by public convenience’’ and

11 all that follows through the period at the end and inserting

12 a period.

13 SEC. 16. MOTOR CONTRACT CARRIER LICENSING.

14 (a) GENERAL RULE.—Section 10923(a) of title 49,

15 United States Code, is amended by inserting ‘‘of pas16 sengers’’ after ‘‘motor contract carrier’’.

17 (b) MOTOR CONTRACT CARRIERS OF PROPERTY.—

18 Section 10923 of title 49, United States Code, is amended

19 by redesignating subsections (b), (c), (d), and (e) as sub20 sections (c), (d), (e), and (f), respectively, and by inserting

21 after subsection (a) the following new subsection:

22 ‘‘(b) PERMITS TO NONPASSENGER MOTOR CON23 TRACT CARRIERS.—Except as provided in this section and

24 section 10930 of this title, the Commission shall issue a

25 permit to a person authorizing the person to provide
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1 transportation subject to the jurisdiction of the Commis2 sion under subchapter II of chapter 105 of this title as

3 a motor contract carrier (other than a motor contract car4 rier of passengers) if the Commission finds that the person

5 is able to comply with—

6 ‘‘(1) this subtitle, the regulations of the Com7 mission, and any safety requirements imposed by the

8 Commission;

9 ‘‘(2) the safety fitness requirements established

10 by the Secretary of Transportation in consultation

11 with the Commission pursuant to section 215 of the

12 Motor Carrier Safety Act of 1984 (49 U.S.C. App.

13 2512); and

14 ‘‘(3) the minimum financial responsibility re15 quirements established by the Commission pursuant

16 to section 10927 of this title.’’.

17 (c) EVIDENCE TO BE CONSIDERED.—Section

18 10923(c) of title 49, United States Code, as redesignated

19 by subsection (b) of this section, is amended—

20 (1) in paragraph (3) by striking ‘‘shall con21 sider—’’ and subparagraphs (A), (B), and (C) and

22 inserting the following: ‘‘shall consider any evidence

23 demonstrating that the applicant is unable to comply

24 with this subtitle, the regulations of the Commission,

25 Commission safety requirements, or the safety fit-
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1 ness and minimum financial responsibility require2 ments referred to in subsection (b) of this section.’’;

3 (2) by striking paragraph (4) and inserting the

4 following:

5 ‘‘(4) The Commission, pursuant to section 215 of the

6 Motor Carrier Safety Act of 1984 (49 U.S.C. App.

7 2512(d)), shall find any applicant for authority to operate

8 as a motor contract carrier under this section to be unfit

9 if the applicant does not meet the safety fitness require10 ments of subsection (b)(2) of this section and shall deny

11 the application.’’;

12 (3) by striking paragraphs (5) and (6);

13 (4) by redesignating paragraph (7) as para14 graph (5); and

15 (5) by inserting at the end the following new

16 paragraph:

17 ‘‘(6) A person may protest an application to provide

18 transportation under this subsection only on the grounds

19 that the applicant fails or will fail to comply with this sub20 title, the regulations of the Commission, Commission safe21 ty requirements, or the safety fitness or minimum finan22 cial responsibility requirements of paragraph (1) of this

23 subsection.’’.
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1 (d) CONDITIONS.—Section 10923(e) of title 49, Unit2 ed States Code, as redesignated by subsection (b) of this

3 section, is amended—

4 (1) in paragraph (1) by striking ‘‘, except that’’

5 and all that follows through the period at the end

6 of the first sentence and inserting a period;

7 (2) in paragraph (2) by striking ‘‘each person

8 or class of persons’’ and all that follows through

9 ‘‘persons)’’ and inserting ‘‘, in the case of a motor

10 contract carrier of passengers, the number of per11 sons’’; and

12 (3) in paragraph (2)(A) by striking ‘‘as a motor

13 contract carrier’’.

14 (e) CONTINUING CONTRACTS.—Section 10923 of title

15 49, United States Code, is further amended by adding at

16 the end the following new subsection:

17 ‘‘(g) CONTINUING CONTRACTS.—One or more motor

18 contract carriers of property providing transportation sub19 ject to the jurisdiction of the Commission under sub20 chapter II of chapter 105 of this title may enter into a

21 continuing contract with one or more purchasers of motor

22 carrier services to provide specified services under speci23 fied rates and conditions to the extent permitted by the

24 common law of contracts and the Uniform Commercial

25 Code.’’.
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1 SEC. 17. REVOCATION OF MOTOR CARRIER AUTHORITY.

2 (a) ICC SUSPENSIONS.—Section 10925(d)(1) of title

3 49, United States Code, is amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (A);

6 (2) by redesignating subparagraph (B) as sub7 paragraph (C); and

8 (3) by inserting after subparagraph (A) the fol9 lowing new subparagraph:

10 ‘‘(B) if a motor carrier, for failure to comply

11 with the safety fitness requirements referred to in

12 section 10922(b)(1) or 10923(b) of this subtitle or

13 the minimum financial responsibility requirements of

14 section 10927 of this subtitle;’’.

15 (b) DOT SUSPENSIONS.—Section 10925(d)(2) of

16 title 49, United States Code, is amended—

17 (1) by inserting ‘‘or upon its own initiative’’

18 after ‘‘Secretary of Transportation’’;

19 (2) by inserting ‘‘or property’’ after ‘‘pas20 sengers’’; and

21 (3) by striking ‘‘property.’’ and inserting ‘‘prop22 erty or has failed to meet the safety fitness stand23 ards established by the Secretary pursuant to sec24 tion 215 of the Motor Carrier Safety Act of 1984

25 (49 U.S.C. App. 2512).’’.
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1 SEC. 18. COMMISSION AUTHORITY OVER INTRASTATE

2 TRANSPORTATION.

3 (a) NONHOUSEHOLD GOODS MOTOR CARRIERS OF

4 PROPERTY.—Section 11501(b) of title 49, United States

5 Code, is amended—

6 (1) in paragraph (1)—

7 (A) by inserting ‘‘or intrastate transpor8 tation of property (other than household goods)

9 provided by a motor carrier’’ after ‘‘rail car10 rier’’; and

11 (B) by inserting ‘‘or II’’ after ‘‘subchapter

12 I’’;

13 (2) by adding at the end the following new

14 paragraph:

15 ‘‘(7) In this subsection and subsections (c) and

16 (d) of this section, the terms ‘exercise jurisdiction

17 over intrastate transportation of property (other

18 than household goods) provided by a motor carrier’

19 and ‘exercise jurisdiction over intrastate motor car20 rier transportation of property (other than household

21 goods)’ each mean to regulate any aspect of the

22 intrastate transportation of property (other than

23 household goods) provided by a motor carrier that is

24 also the subject of regulation by the Commission, in25 cluding licensing, tariff filing, contracts, rates, clas26 sifications, rules, and practices.’’;
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1 (3) in paragraph 2—

2 (A) by inserting ‘‘(A)’’ before ‘‘Within 120

3 days’’; and

4 (B) by inserting at the end the following

5 new subparagraphs:

6 ‘‘(B) Within 120 days after the effective date of the

7 Trucking Regulatory Reform Act of 1993, the Commission

8 shall establish guidelines for determining whether the

9 standards and procedures that a State authority will use

10 in exercising jurisdiction over intrastate transportation of

11 property (other than household goods) provided by a

12 motor carrier described in paragraph (1) of this subsection

13 are in accordance with the standards and procedures ap14 plicable to regulation of motor carriers by the Commission

15 under this title.

16 ‘‘(C) Within 180 days after the effective date of the

17 guidelines required to be established under subparagraph

18 (B), each State authority exercising jurisdiction over

19 intrastate transportation of property (other than house20 hold goods) provided by a motor carrier described in para21 graph (1) of this subsection shall (i) submit to the Com22 mission the standards and procedures that it will use in

23 exercising such jurisdiction, and (ii) certify that such

24 standards and procedures are in accordance with the

25 guidelines established in subparagraph (B) and with the
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1 standards and procedures applicable to regulation of

2 motor carriers by the Commission under this title.’’.

3 (b) ICC CERTIFICATION.—Section 11501(b)(3)(A) of

4 title 49, United States Code, is amended—

5 (1) by inserting ‘‘(i)’’ before ‘‘90 days’’;

6 (2) by striking ‘‘paragraph (2)’’ and inserting

7 ‘‘paragraph (2)(A)’’;

8 (3) by inserting after ‘‘of this subsection,’’ the

9 following: ‘‘or (ii) 180 days after receipt of the intra10 state motor carrier regulatory standards and proce11 dures under paragraph (2)(B) of this subsection,’’;

12 and

13 (4) by inserting ‘‘or motor carriers providing

14 transportation of property (other than household

15 goods)’’ after ‘‘rail carriers’’.

16 (c) GRANDFATHERED STANDARDS AND PROCE17 DURES.—Section 11501(b)(3)(B) of title 49, United

18 States Code, is amended by inserting after ‘‘rules, and

19 practices’’ the following: ‘‘and the standards and proce20 dures existing in each State on the effective date of the

21 Trucking Regulatory Reform Act of 1993 for the exercise

22 of jurisdiction over intrastate motor carrier transportation

23 of property (other than household goods)’’.

24 (d) STATE AUTHORITY.—Section 11501(b)(4) of title

25 49, United States Code, is amended—
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1 (1) in subparagraph (A)—

2 (A) by inserting ‘‘intrastate motor carrier

3 transportation of property (other than house4 hold goods) or’’ after ‘‘jurisdiction over’’ in the

5 first sentence;

6 (B) by striking ‘‘over intrastate’’ in the

7 second sentence and inserting ‘‘over intrastate

8 motor carrier transportation of property (other

9 than household goods) or intrastate rail’’; and

10 (2) in subparagraph (B)—

11 (A) by inserting ‘‘or a motor carrier pro12 viding transportation of property (other than

13 household goods)’’ after ‘‘provided by a rail car14 rier’’;

15 (B) by inserting ‘‘over intrastate motor

16 carrier transportation of property (other than

17 household goods) or’’ after ‘‘may not exercise

18 jurisdiction’’;

19 (C) by inserting ‘‘rail’’ after ‘‘over an

20 intrastate’’; and

21 (D) by inserting ‘‘or II’’ after ‘‘subchapter

22 I’’.

23 (e) COMMISSION REVIEW.—Section 11501(c) of title

24 49, United States Code, is amended—
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1 (1) in the first sentence by inserting ‘‘rail’’

2 after ‘‘lawfulness of an intrastate’’;

3 (2) in the first sentence by inserting after ‘‘de4 termined,’’ the following: ‘‘and any motor carrier

5 providing transportation of property (other than

6 household goods) subject to the jurisdiction of the

7 Commission under subchapter II of chapter 105 of

8 this title and any party to an administrative pro9 ceeding of any State authority in which the lawful10 ness of intrastate motor carrier transportation of

11 property (other than household goods) is decided

12 may petition the Commission to review that deci13 sion’’;

14 (3) in the second sentence by inserting ‘‘filed by

15 a rail carrier’’ after ‘‘any such petition’’;

16 (4) in the second sentence by inserting ‘‘and on

17 any such petition filed by a motor carrier or any

18 party to a motor carrier proceeding of a State au19 thority within 60 days after the date it is received’’

20 after ‘‘is received’’;

21 (5) in the third sentence by inserting ‘‘rail’’

22 after ‘‘authorize the’’;

23 (6) in the third sentence by inserting ‘‘or shall

24 determine and authorize the motor carrier to take

25 the appropriate action with respect to intrastate
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1 motor carrier transportation of property (other than

2 household goods)’’ after ‘‘or practice’’; and

3 (7) by adding at the end the following new sen4 tence: ‘‘The authority of the Commission under this

5 subsection shall include the authority to issue a cer6 tificate under the standards of section 10922 and a

7 permit under the standards of section 10923 author8 izing a motor carrier providing transportation of

9 property (other than household goods) subject to the

10 jurisdiction of the Commission under subchapter or

11 II of chapter 105 of this title to provide intrastate

12 motor carrier transportation of property (other than

13 household goods).’’.

14 (f) EXCLUSIVE AUTHORITY OF COMMISSION.—Sec15 tion 11501(d) of title 49, United States Code, is amend16 ed—

17 (1) in paragraph (1) by inserting ‘‘or by a

18 motor carrier providing transportation of property

19 (other than household goods)’’ after ‘‘rail carrier’’

20 the first place it appears;

21 (2) in paragraph (1) by inserting ‘‘or II’’ after

22 ‘‘subchapter I’’;

23 (3) in paragraph (1)(A) by inserting ‘‘or a

24 motor carrier providing transportation of property

25 (other than household goods)’’ after ‘‘a rail carrier’’;
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1 (4) in paragraph (2) by inserting ‘‘or a motor

2 carrier providing transportation of property (other

3 than household goods)’’ after ‘‘rail carrier’’;

4 (5) in paragraph (2) by inserting ‘‘rail’’ after

5 ‘‘intrastate’’; and

6 (6) in paragraph (2) by inserting ‘‘and shall

7 prescribe the intrastate motor carrier rate under the

8 standards of chapter 107 of this title’’ after ‘‘and

9 chapter 107 of this title’’.

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