I

103D CONGRESS

1ST SESSION H. R. 1077

To amend title 49, United States Code, relating to deregulation of intrastate

trucking.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Mr. PETE GEREN of Texas (for himself, Mr. CLINGER, Mr. EMERSON, Mr.

HASTERT, and Mr. PARKER) introduced the following bill; which was referred to the Committee on Public Works and Transportation

A BILL

To amend title 49, United States Code, relating to

deregulation of intrastate trucking.

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 ‘‘Private Motor Carrier

5 Equity Act’’.

6 SEC. 2. COMPENSATED INTERCORPORATE TRANSPOR7 TATION.

8 Section 10524 of title 49, United States Code, is

9 amended by adding at the end the following new sub10 section:
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1 ‘‘(d) PREEMPTION WITH RESPECT TO COM2 PENSATED INTERCORPORATE TRANSPORTATION.—No

3 State or political subdivision thereof, and no agency or or4 ganization of 2 or more States, shall enact or enforce any

5 law, rule, regulation, standard, or other provision having

6 the force and effect of law relating to interstate or intra7 state rates, routes, or services of any carrier that operates

8 in interstate commerce pursuant to Commission regula9 tions promulgated with respect to subsections (a) through

10 (c) of this section.’’.

11 SEC. 3. SINGLE SOURCE LEASING OF MOTOR VEHICLES

12 AND DRIVERS TO SHIPPERS.

13 Section 10524 of title 49, United States Code, is fur14 ther amended by adding at the end the following new sub15 section:

16 ‘‘(e) PREEMPTION WITH RESPECT TO SINGLE

17 SOURCE LEASING.—No State or political subdivision

18 thereof, and no agency or organization of 2 or more

19 States, shall enact or enforce any law, rule, regulation,

20 standard, or other provision having the force and effect

21 of law relating to interstate or intrastate rates, routes, or

22 services involving transportation by a motor vehicle and

23 driver leased from a single source by a lessee that operates

24 as a motor private carrier in interstate commerce when—
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1 ‘‘(1) the motor vehicle is exclusively committed

2 to the lessee’s use for the term of the lease;

3 ‘‘(2) the lessee has exclusive dominion and con4 trol over the transportation service conducted by it

5 during the term of the lease;

6 ‘‘(3) the lessee maintains public liability and

7 property damage insurance or otherwise accepts re8 sponsibility to the public for any injury or damage

9 caused in the course of performing the transpor10 tation service during the term of the lease;

11 ‘‘(4) the lessee accepts responsibility for, and

12 bears the cost of, compliance with all applicable safe13 ty regulations; and

14 ‘‘(5) the lessee bears the risk of damage to the

15 cargo.’’.

16 SEC. 4. TRIP LEASING OF MOTOR VEHICLES AND DRIVERS

17 FROM MOTOR PRIVATE CARRIERS.

18 Section 10524 of title 49, United States Code, is fur19 ther amended by adding at the end the following new sub20 section:

21 ‘‘(f) PREEMPTION WITH RESPECT TO LEASING

22 FROM MOTOR PRIVATE CARRIERS.—No State or political

23 subdivision thereof, and no agency or organization of 2

24 or mores States, shall enact or enforce any law, rule, regu25 lation, standard, or other provision having the force and
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1 effect of law relating to the leasing of motor vehicles (with

2 or without drivers) from a motor private carrier that oper3 ates in interstate commerce to the extent that such law,

4 rule, regulation, standard, or other provision is in addition

5 to or more stringent than the requirements for such lease

6 transactions as established by the Commission.’’.

7 SEC. 5. MOTOR PRIVATE CARRIERS SEEKING OPERATING

8 AUTHORITY.

9 Section 10524 of title 49, United States Code, is fur10 ther amended by adding at the end the following new sub11 section:

12 ‘‘(g) PREEMPTION WITH RESPECT TO MOTOR PRI13 VATE CARRIERS SEEKING OPERATING AUTHORITY.—No

14 State or political subdivision thereof, and no agency or or15 ganization of 2 or more States, shall enact or enforce any

16 law, rule, regulation, standard, or other provision having

17 the force and effect of law that subjects a motor private

18 carrier that operates in interstate commerce and that

19 seeks to obtain a motor common carrier certificate or a

20 motor contract carrier permit to provide intrastate trans21 portation of property to requirements or criteria that are

22 not applied to a transportation business seeking the same

23 type of authority to operate as a motor common or motor

24 contract carrier.’’.
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1 SEC. 6. DEDICATED CONTRACT CARRIAGE.

2 (a) IN GENERAL.—Subchapter II of chapter 105 of

3 title 49, United States Code, is amended by inserting after

4 section 10525 the following new section:

5 ‘‘§ 10525a. Dedicated contract carriage

6 ‘‘(a) DEDICATED CONTRACT CARRIER DEFINED.—

7 For purposes of this section, ‘dedicated contract carrier’

8 means a motor contract carrier that provides in interstate

9 commerce a service for one or more shippers, except an

10 individual shipping household goods containing the follow11 ing elements:

12 ‘‘(1) Assigning motor vehicles for a continuing

13 period of time for the exclusive use of a contracting

14 shipper.

15 ‘‘(2) Assigning personnel to perform driving,

16 loading unloading and related services for the exclu17 sive use of a contracting shipper.

18 ‘‘(3) Assigning management personnel, with of19 fices at the contracting shipper’s facility, to provide

20 operations and safety management services for the

21 exclusive use of the contracting shipper.

22 ‘‘(b) PREEMPTION.—No State or political subdivision

23 thereof, and no agency or organization of 2 or more

24 States, shall enact or enforce any law, rule, regulation,

25 standard, or other provision having the force and effect

26 of law relating to the interstate or intrastate rates, routes,
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1 or services of any dedicated contract carrier having au2 thority under this subchapter.

3 ‘‘(c) LIMITATION.—Nothing in subsection (b) of this

4 section shall prohibit a State or political subdivision there5 of, or agency or organization of 2 or more States, from

6 enacting or enforcing requirements on dedicated contract

7 carriers related to the safety of operations and minimum

8 amounts of financial responsibility.’’.

9 (b) CONFORMING AMENDMENT.—The analysis for

10 such chapter 105 is amended by inserting after the item

11 relating to section 10525 the following new item:

‘‘10525a. Dedicated contract carriage.’’.

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