II

103D CONGRESS

2D SESSION S. 2275

To amend subtitle IV of title 49, United States Code, relating to interstate

commerce.

IN THE SENATE OF THE UNITED STATES

JULY 1 (legislative day, JUNE 7), 1994

Mr. EXON (for himself and Mr. PACKWOOD) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To amend subtitle IV of title 49, United States Code,

relating to interstate commerce.

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 Industry

5 Regulatory Reform Act of 1994’’.

6 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms

9 of an amendment to, or repeal of, a section or other provi-
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1 sion, the reference shall be considered to be made to a

2 section or other provision of title 49, United States Code.

3 SEC. 3. PURPOSE.

4 The purpose of this Act is to enhance competition,

5 safety, and efficiency in the motor carrier industry and

6 to enhance efficiency in government.

7 SEC. 4. TRANSPORTATION POLICY.

8 Section 10101(a)(2) (relating to transportation pol9 icy) is amended—

10 (1) by redesignating subparagraphs (A) through

11 (I) as subparagraphs (C) through (K), respectively,

12 and

13 (2) by inserting before subparagraph (C) (as so

14 redesignated) the following: ‘‘(A) encourage fair

15 competition, and reasonable rates for transportation

16 by motor carriers of property; (B) promote Federal

17 regulatory efficiency in the motor carrier transpor18 tation system and to require fair and expeditious

19 regulatory decisions when regulation is required;’’.

20 SEC. 5. EXEMPTIONS.

21 (a) IN GENERAL.—Section 10505 (relating to au22 thority to exempt rail carrier transportation) is amend23 ed—

24 (1) by inserting ‘‘, or a motor carrier providing

25 transportation of property other than household
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1 goods,’’ after ‘‘rail carrier providing transportation’’

2 in subsection (a),

3 (2) by inserting ‘‘section 10101 or’’ before ‘‘sec4 tion 10101a’’ in subsection (a)(1) and subsection

5 (d), and

6 (3) by inserting ‘‘, or a motor carrier providing

7 transportation of property other than household

8 goods,’’ after ‘‘rail carrier’’ in subsection (f).

9 (b) CLERICAL AMENDMENTS.—

10 (1) The caption of section 10505 is amended by

11 inserting ‘‘and motor carrier’’ after ‘‘rail carrier’’.

12 (2) The chapter analysis for chapter 105 is

13 amended by inserting ‘‘and motor carrier’’ after

14 ‘‘rail carrier’’ in the item relating to section 10505.

15 SEC. 6. TARIFF FILING.

16 (a) AUTHORITY TO ESTABLISH RATES.—Section

17 10702(b) (relating to authority for carriers to establish

18 rates, classifications, rules, and practices) is amended by

19 inserting ‘‘, except a motor contract carrier of property

20 other than household goods,’’ after ‘‘A contract carrier’’.

21 (b) PROHIBITION OF TRANSPORTATION WITHOUT

22 TARIFF.—Section 10761(a) (relating to transportation

23 prohibited without tariff) is amended—

24 (1) by inserting ‘‘(except a motor common car25 rier providing transportation of property other than
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1 household goods)’’ after ‘‘chapter 105 of this title’’,

2 and

3 (2) by striking out ‘‘That carrier’’ in the second

4 sentence and inserting ‘‘A carrier subject to this

5 subsection’’.

6 (c) GENERAL TARIFF REQUIREMENT.—Section

7 10762(a)(1) (relating to general tariff requirement) is

8 amended—

9 (1) by inserting ‘‘(except a motor common car10 rier providing transportation of property other than

11 household goods)’’ after ‘‘A motor common carrier’’

12 in the second sentence,

13 (2) by inserting ‘‘(except a motor common car14 rier providing transportation of property other than

15 household goods) after ‘‘carriers’’ in the third sen16 tence, and

17 (3) by striking the last sentence and inserting

18 the following: ‘‘A motor contract carrier of property

19 is not required to publish or file actual or minimum

20 rates under this subtitle.’’.

21 (d) PROPOSED RATE CHANGES.—Section

22 10762(c)(2) (relating to rate changes) is amended by in23 serting ‘‘(except a motor common carrier of property)’’

24 after ‘‘contract carrier’’.
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1 (e) EFFECT ON NEGOTIATED RATES ACT.—Section

2 10762 (relating to general tariff requirements) is amended

3 by adding at the end thereof the following new subsection:

4 ‘‘(g) Nothing in this section shall affect the applica5 tion of the provisions of the Negotiated Rates Act of 1993

6 (or the amendments made by that Act) to undercharge

7 claims for transportation provided prior to the date of en8 actment of the ‘Trucking Industry Regulatory Reform Act

9 of 1994’.’’.

10 SEC. 7. MOTOR COMMON CARRIER LICENSING.

11 (a) IN GENERAL.—Section 10922 (relating to certifi12 cation of motor and water carriers) is amended—

13 (1) by redesignating subsections (b) through (l)

14 as (c) through (m), respectively, and by inserting

15 after subsection (a) the following new subsection:

16 ‘‘(b)(1) Except as provided in this section, the Com17 mission shall issue a certificate to a person authorizing

18 that person to provide transportation subject to the juris19 diction of the Commission under subchapter II of chapter

20 105 of this title as a motor common carrier of property

21 if the Commission finds that the person is able to comply

22 with—

23 ‘‘(A) this subtitle, the regulations of the Com24 mission, and any safety requirements imposed by the

25 Commission,
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1 ‘‘(B) the safety fitness requirements established

2 by the Secretary of Transportation in consultation

3 with the Commission pursuant to section 215 of the

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

5 2512), and

6 ‘‘(C) the minimum financial responsibility re7 quirements established by the Commission pursuant

8 to section 10927 of this title.

9 ‘‘(2) In making a finding under paragraph (1), the

10 Commission shall consider and, to the extent applicable,

11 make findings on, any evidence demonstrating that the ap12 plicant is unable to comply with the requirements of sub13 paragraph (A), (B), or (C) of that paragraph.

14 ‘‘(3) The Commission, pursuant to section 215 of the

15 Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512),

16 shall find any applicant for authority to operate as a

17 motor carrier under this section to be unfit if the applicant

18 does not meet the safety fitness requirements under para19 graph (1)(B) of this subsection and shall deny the applica20 tion.

21 ‘‘(4) A person may protest an application under this

22 subsection to provide transportation only on the ground

23 that the applicant fails or will fail to comply with this sub24 title, the regulations of the Commission, the safety re25 quirements of the Commission, or the safety fitness or
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1 minimum financial responsibility requirements of para2 graph (1) of this subsection.’’.

3 (b) PUBLIC CONVENIENCE AND NECESSITY.—Sec4 tion 10922(c) (relating to public convenience and neces5 sity) as redesignated by subsection (a), is amended—

6 (1) by striking ‘‘carrier of property’’ in para7 graph (1) and inserting ‘‘carrier of household

8 goods’’,

9 (2) by striking paragraphs (4) and (6) and re10 designating paragraphs (5), (7), (8), and (9) as (4),

11 (5), (6), and (7), respectively,

12 (3) by striking ‘‘carrier holding authority under

13 paragraph (4)(D) of this subsection’’ in paragraph

14 (4) (as redesignated) and inserting ‘‘motor carrier

15 providing transportation of shipments weighing 100

16 pounds or less transported in a motor vehicle in

17 which no one package exceeds 100 pounds’’,

18 (4) by inserting ‘‘of household goods’’ after ‘‘No

19 motor common carrier’’ in paragraph (5) (as redes20 ignated),

21 (5) by inserting ‘‘of household goods’’ after ‘‘No

22 motor common carrier’’ in paragraph (6) (as redes23 ignated), and

24 (6) by striking ‘‘Notwithstanding the provisions

25 of paragraph (4) of this subsection, the provisions’’
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1 in paragraph (7) (as redesignated) and inserting

2 ‘‘The provisions’’.

3 (c) CERTIFICATE SPECIFICATIONS.—Section

4 10922(f)(1) (relating to specifications for certificate), as

5 redesignated by subsection (a) of this section, is amended

6 by inserting ‘‘of household goods or passengers’’ after

7 ‘‘motor common carrier’’.

8 (d) PUBLIC CONVENIENCE AND NECESSITY.—Sec9 tion 10922(h)(1) (relating to public convenience and ne10 cessity), as redesignated by subsection (a) of this section,

11 is amended by inserting ‘‘of household goods or pas12 sengers’’ after ‘‘motor common carrier’’.

13 SEC. 8. MOTOR CONTRACT CARRIER LICENSING.

14 (a) AUTHORITY TO ISSUE PERMITS.—Section

15 10923(a) (relating to authority to issue permits) is

16 amended by inserting ‘‘of household goods or passengers’’

17 after ‘‘motor common carrier’’.

18 (b) HOUSEHOLD GOODS PERMITS.—Section 10923

19 (relating to permits of motor and water contract carriers

20 and household goods freight forwarders) is amended by

21 redesignating subsections (b) through (e) as (c) through

22 (f), respectively, and by inserting after subsection (a) the

23 following new subsection:

24 ‘‘(b)(1) Except as provided in this section and section

25 10930 of this title, the Commission shall issue a permit
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1 to a person authorizing the person to provide transpor2 tation subject to the jurisdiction of the Commission under

3 subchapter II of chapter 105 of this title as a motor con4 tract carrier of property other than household goods if the

5 Commission finds that the person is able to comply with—

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

8 Commission,

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 ‘‘(2) In deciding whether to approve the application

18 of a person for a permit as a motor contract carrier of

19 property other than household goods the Commission shall

20 consider any evidence demonstrating that the applicant is

21 unable to comply with this subtitle, the regulations of the

22 Commission, safety requirements of the Commission, or

23 the safety fitness and minimum financial responsibility re24 quirements of subsection (b)(1).
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1 ‘‘(3) The Commission, pursuant to section 215 of the

2 Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512),

3 shall find any applicant for authority to operate as a

4 motor carrier of property other than household goods

5 under this subsection to be unfit if the applicant does not

6 meet the safety fitness requirements of paragraph (1)(B)

7 of this subsection and shall deny the application.

8 ‘‘(4) A person may protest an application under this

9 subsection to provide transportation only on the ground

10 that the applicant fails or will fail to comply with this sub11 title, the regulations of the Commission, safety require12 ments of the Commission, or the safety fitness or mini13 mum financial responsibility requirements of paragraph

14 (1).’’.

15 (c) APPLICATION FILING REQUIREMENTS.—Section

16 10923(c) (relating to application filing requirements), as

17 redesignated by subsection (b) of this section, is amend18 ed—

19 (1) by striking ‘‘motor contract carrier of prop20 erty’’ in paragraphs (3) and (4) and inserting

21 ‘‘motor contract carrier of household goods’’,

22 (2) by striking paragraph (5) and redesignating

23 paragraphs (6) and (7) as (5) and (6), respectively,

24 and
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1 (3) by striking ‘‘motor carriers of property’’ in

2 paragraph (5) (as redesignated) and inserting

3 ‘‘motor carriers of household goods’’.

4 (d) CONDITIONS OF TRANSPORTATION OR SERV5 ICE.—Section 10923(e) (relating to conditions of trans6 portation or service), as redesignated by subsection (b) of

7 this section, is amended—

8 (1) by inserting ‘‘of passengers or household

9 goods’’ after ‘‘contract carrier’’ in paragraph (1),

10 and

11 (2) by striking ‘‘each person or class of persons

12 (and, in the case of a motor contract carrier of pas13 sengers, the number of persons)’’ in paragraph (2)

14 and inserting ‘‘in the case of a motor contract car15 rier of passengers, the number of persons,’’.

16 SEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY.

17 Section 10925(d)(1) (relating to effective periods of

18 certificates, permits, and licenses) is amended—

19 (1) by striking ‘‘if a motor carrier or broker’’

20 in subparagraph (A) and inserting ‘‘if a motor car21 rier of passengers, motor common carrier of house22 hold goods, or broker’’,

23 (2) by striking ‘‘and’’ at the end of subpara24 graph (A),
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1 (3) by redesignating subparagraph (B) as (D)

2 and inserting after subparagraph (A) the following

3 new subparagraphs:

4 ‘‘(B) if a motor contract carrier of prop5 erty, for failure to comply with section 10701,

6 10924(e), or 10927 (b) or (d) of this subtitle;

7 ‘‘(C) if a motor contract carrier of prop8 erty other than household goods, for failure to

9 comply with section 10701, 10702, 10924(e), or

10 10927 (b) or (d) of this subtitle; and’’.

11 SEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COM12 MISSION AND INTERSTATE COMMERCE COM13 MISSION.

14 The Secretary of Transportation shall study the fea15 sibility of a merger of the operations and responsibilities

16 of the Federal Maritime Commission and the Interstate

17 Commerce Commission with respect to the cost savings

18 that might be achieved by such a merger, the efficient allo19 cation of resources, the elimination of unnecessary func20 tions, and responsibility for regulatory functions. The Sec21 retary shall report his findings to the Congress within 6

22 months after the date of enactment of this Act.

23 SEC. 11. STUDY OF ADDITIONAL REFORMS.

24 The Interstate Commerce Commission, in consulta25 tion with the Secretary of Transportation, shall prepare
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1 and submit to the Congress with six months after the date

2 of enactment of this Act a report identifying and analyzing

3 all regulatory responsibilities of the Commission. The

4 Commission shall make recommendations to the Congress

5 on the basis of the study concerning specific statutory

6 functions of the Commission that could be changed to en7 hance competition, safety, and efficiency in the motor car8 rier industry and to enhance efficiency in government.

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