211
that is not a publicly held corporation or that is not
subject to financial reporting requirements of the
Securities and Exchange Commission, an exemption
from the public release of such report.
‘‘(2) PROCEDURE.—After a request under para-
graph (1) and notice and opportunity for comment
but no event later than 90 days after the date of
such request, the Secretary shall approve such re-
quest if the Secretary finds that the exemption re-
quested is necessary to avoid competitive harm and
to avoid the disclosure of information that qualifies
as a trade secret or privileged or confidential infor-
mation under section 552(b)(4) of title 5.
‘‘(3) USE OF DATA FOR INTERNAL DOT PUR-
POSES.—If an exemption is granted under this sub-
section, nothing shall prevent the Secretary from
using data from reports filed under this subsection
for internal purposes of the Department of Trans-
portation or including such data in aggregate indus-
try statistics released for publication if such inclu-
sion would not render the filer’s data readily identi-
fiable.
‘‘(4) PERIOD
OF
EXEMPTIONS.—Exemptions
granted under this subsection shall be for 3-year pe-
riods.
212
‘‘(5) PENDING REQUESTS.—The Secretary shall
not release publicly the report of a carrier making
a request under paragraph (1) while such request is
pending.
‘‘(d) STREAMLINING
AND
SIMPLIFICATION.—The
Secretary shall streamline and simplify, to the maximum
extent practicable, any reporting requirements the Sec-
retary imposes under this section.
‘‘CHAPTER 143—FINANCE
‘‘Sec.
‘‘14301. Security interests in certain motor vehicles.
‘‘14302. Pooling and division of transportation or earnings.
‘‘14303. Consolidation, merger, and acquisition of control of motor carriers of
passengers.
‘‘§ 14301. Security interests in certain motor vehicles
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ means a truck of rated capacity (gross vehicle
weight) of at least 10,000 pounds, a highway tractor
of rated capacity (gross combination weight) of at
least 10,000 pounds, a property-carrying trailer or
semitrailer with at least one load-carrying axle of at
least 10,000 pounds, or a motor bus with a seating
capacity of at least 10 individuals.
‘‘(2) LIEN CREDITOR.—The term ‘lien creditor’
means a creditor having a lien on a motor vehicle
and includes an assignee for benefit of creditors
213
from the date of assignment, a trustee in a case
under title 11 from the date of filing of the petition
in that case, and a receiver in equity from the date
of appointment of the receiver.
‘‘(3) SECURITY INTEREST.—The term ‘security
interest’ means an interest (including an interest es-
tablished by a conditional sales contract, mortgage,
equipment trust, or other lien or title retention con-
tract, or lease) in a motor vehicle when the interest
secures payment or performance of an obligation.
‘‘(4) PERFECTION.—The term ‘perfection’, as
related to a security interest, means taking action
(including public filing, recording, notation on a cer-
tificate of title, and possession of collateral by the
secured party), or the existence of facts, required
under law to make a security interest enforceable
against general creditors and subsequent lien credi-
tors of a debtor, but does not include compliance
with requirements related only to the establishment
of a valid security interest between the debtor and
the secured party.
‘‘(b) REQUIREMENTS FOR PERFECTION OF SECURITY
INTEREST.—A security interest in a motor vehicle owned
by, or in the possession and use of, a carrier registered
under section 13902 of this title and owing payment or
214
performance of an obligation secured by that security in-
terest is perfected in all jurisdictions against all general,
and subsequent lien, creditors of, and all persons taking
a motor vehicle by sale (or taking or retaining a security
interest in a motor vehicle) from, that carrier when—
‘‘(1) a certificate of title is issued for a motor
vehicle under a law of a jurisdiction that requires or
permits indication, on a certificate or title, of a secu-
rity interest in the motor vehicle if the security in-
terest is indicated on the certificate;
‘‘(2) a certificate of title has not been issued
and the law of the State where the principal place
of business of that carrier is located requires or per-
mits public filing or recording of, or in relation to,
that security interest if there has been such a public
filing or recording; and
‘‘(3) a certificate of title has not been issued
and the security interest cannot be perfected under
paragraph (2) of this subsection, if the security in-
terest has been perfected under the law (including
the conflict of laws rules) of the State where the
principal place of business of that carrier is located.
215
‘‘§ 14302. Pooling and division of transportation or
earnings
‘‘(a) APPROVAL REQUIRED.—A carrier providing
transportation subject to jurisdiction under subchapter I
of chapter 135 may not agree or combine with another
such carrier to pool or divide traffic or services or any
part of their earnings without the approval of the Panel
under this section.
‘‘(b) STANDARDS FOR APPROVAL.—The Panel may
approve and authorize an agreement or combination be-
tween or among motor carriers of passengers, or between
a motor carrier of passengers and a rail carrier of pas-
sengers if the carriers involved assent to the pooling or
division and the Panel finds that a pooling or division of
traffic, services, or earnings—
‘‘(1) will be in the interest of better service to
the public or of economy of operation; and
‘‘(2) will not unreasonably restrain competition.
‘‘(c) PROCEDURE.—
‘‘(1) APPLICATION.—Any motor carrier of prop-
erty may apply to the Panel for approval of an
agreement or combination with another such carrier
to pool or divide traffic or any services or any part
of their earnings by filing such agreement or com-
bination with the Panel not less than 50 days before
its effective date.
216
‘‘(2) DETERMINATION OF IMPORTANCE AND RE-
STRAINT ON COMPETITION.—Prior to the effective
date of the agreement or combination, the Panel
shall determine whether the agreement or combina-
tion is of major transportation importance and
whether there is substantial likelihood that the
agreement or combination will unduly restrain com-
petition. If the Panel determines that neither of
these 2 factors exists, it shall, prior to such effective
date and without a hearing, approve and authorize
the agreement or combination, under such rules and
regulations as the Panel may issue, and for such
consideration between such carriers and upon such
terms and conditions as shall be found by the Panel
to be just and reasonable.
‘‘(3) HEARING.—If the Panel determines either
that the agreement or combination is of major trans-
portation importance or that there is substantial
likelihood that the agreement or combination will
unduly restrain competition, the Panel shall hold a
hearing concerning whether the agreement or com-
bination will be in the interest of better service to
the public or of economy in operation and whether
it will unduly restrain competition and shall suspend
operation of such agreement or combination pending
217
such hearing and final decision thereon. After such
hearing, the Panel shall indicate to what extent it
finds that the agreement or combination will be in
the interest of better service to the public or of econ-
omy in operation and will not unduly restrain com-
petition and if assented to by all the carriers in-
volved, shall to that extent, approve and authorize
the agreement or combination, under such rules and
regulations as the Panel may issue, and for such
consideration between such carriers and upon such
terms and conditions as shall be found by the Panel
to be just and reasonable.
‘‘(4) SPECIAL RULES FOR HOUSEHOLD GOODS
CARRIERS.—In the case of an application for Panel
approval of an agreement or combination between a
motor carrier providing transportation of household
goods and its agents to pool or divide traffic or serv-
ices or any part of their earnings, such agreement
or combination shall be presumed to be in the inter-
est of better service to the public and of economy in
operation and not to restrain competition unduly if
the practices proposed to be carried out under such
agreement or combination are the same as or similar
to practices carried out under agreements and com-
binations between motor carriers providing transpor-
218
tation of household goods to pool or divide traffic or
service of any part of their earnings approved by the
Interstate Commerce Commission before the effec-
tive date of this section.
‘‘(5) STREAMLINING
AND
SIMPLIFYING.—The
Panel shall streamline, simplify, and expedite, to the
maximum extent practicable, the process (including
any paperwork) for submission and approval of ap-
plications under this section for agreements and
combinations between motor carriers providing
transportation of household goods and their agents.
‘‘(d) CONDITIONS.—The Panel may impose condi-
tions governing the pooling or division and may approve
and authorize payment of a reasonable consideration be-
tween the carriers.
‘‘(e) INITIATION OF PROCEEDING.—The Panel may
begin a proceeding under this section on its own initiative
or on application.
‘‘(f) EFFECT OF APPROVAL.—A carrier may partici-
pate in an arrangement approved by or exempted by the
Panel under this section without the approval of any other
Federal, State, or municipal body. A carrier participating
in an approved or exempted arrangement is exempt from
the antitrust laws and from all other law, including State
219
and municipal law, as necessary to let that person carry
out the arrangement.
‘‘(g) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) HOUSEHOLD
GOODS.—The term ‘house-
hold goods’ has the meaning such term had under
section 10102(11) of this title, as in effect on the
day before the effective date of this section.
‘‘(2) TRANSPORTATION.—The term ‘transpor-
tation’ means transportation that would be subject
to the jurisdiction of the Interstate Commerce Com-
mission under subchapter II of chapter 105 of this
title, as in effect on the day before such effective
date, if such subchapter were still in effect.
‘‘§ 14303. Consolidation, merger, and acquisition of
control of motor carriers of passengers
‘‘(a) APPROVAL REQUIRED.—The following trans-
actions involving motor carriers of passengers subject to
jurisdiction under subchapter I of chapter 135 may be car-
ried out only with the approval of the Panel:
‘‘(1) Consolidation or merger of the properties
or franchises of at least 2 carriers into one operation
for the ownership, management, and operation of
the previously separately owned properties.
220
‘‘(2) A purchase, lease, or contract to operate
property of another carrier by any number of car-
riers.
‘‘(3) Acquisition of control of a carrier by any
number of carriers.
‘‘(4) Acquisition of control of at least 2 carriers
by a person that is not a carrier.
‘‘(5) Acquisition of control of a carrier by a per-
son that is not a carrier but that controls any num-
ber of carriers.
‘‘(b) STANDARD FOR APPROVAL.—The Panel shall
approve and authorize a transaction under this section
when it finds the transaction is consistent with the public
interest. The Panel shall consider at least the following:
‘‘(1) The effect of the proposed transaction on
the adequacy of transportation to the public.
‘‘(2) The total fixed charges that result from
the proposed transaction.
‘‘(3) The interest of carrier employees affected
by the proposed transaction.
The Panel may impose conditions governing the trans-
action.
‘‘(c) DETERMINATION OF COMPLETENESS OF APPLI-
CATION.—Within 30 days after the date on which an ap-
plication is filed under this section, the Panel shall either
221
publish a notice of the application in the Federal Register
or reject the application if it is incomplete.
‘‘(d) COMMENTS.—Written comments about an appli-
cation may be filed with the Panel within 45 days after
the date on which notice of the application is published
under subsection (c).
‘‘(e) DEADLINES.—The Panel shall conclude evi-
dentiary proceedings by the 240th day after the date on
which notice of the application is published under sub-
section (c). The Panel shall issue a final decision by the
180th day after the conclusion of the evidentiary proceed-
ings. The Panel may extend a time period under this sub-
section; except that the total of all such extensions with
respect to any application shall not exceed 90 days.
‘‘(f) EFFECT OF APPROVAL.—A carrier or corpora-
tion participating in or resulting from a transaction ap-
proved by the Panel under this section, or exempted by
the Panel from the application of this section pursuant
to section 13541, may carry out the transaction, own and
operate property, and exercise control or franchises ac-
quired through the transaction without the approval of a
State authority. A carrier, corporation, or person partici-
pating in the approved or exempted transaction is exempt
from the antitrust laws and from all other law, including
State and municipal law, as necessary to let that person
222
carry out the transaction, hold, maintain, and operate
property, and exercise control or franchises acquired
through the transaction.
‘‘(g) LIMITATION ON APPLICABILITY.—This section
shall not apply to transactions involving carriers whose ag-
gregate gross operating revenues were not more than
$2,000,000 during a period of 12 consecutive months end-
ing not more than 6 months before the date of the agree-
ment of the parties.
‘‘CHAPTER 145—FEDERAL-STATE RELATIONS
‘‘Sec.
‘‘14501. Federal authority over intrastate transportation.
‘‘14502. Tax discrimination against motor carrier transportation property.
‘‘14503. Withholding State and local income tax by certain carriers.
‘‘14504. Registration of motor carriers by a State.
‘‘14505. State tax.
‘‘§ 14501. Federal authority over intrastate transpor-
tation
‘‘(a) MOTOR CARRIERS OF PASSENGERS.—No State
or political subdivision thereof and no interstate agency
or other political agency of 2 or more States shall enact
or enforce any law, rule, regulation, standard, or other
provision having the force and effect of law relating to
scheduling of interstate or intrastate transportation (in-
cluding discontinuance or reduction in the level of service)
provided by motor carrier of passengers subject to juris-
diction under subchapter I of chapter 135 of this title on
an interstate route or relating to the implementation of
223
any change in the rates for such transportation or for any
charter transportation except to the extent that notice, not
in excess of 30 days, of changes in schedules may be re-
quired. This subsection shall not apply to intrastate com-
muter bus operations.
‘‘(b) FREIGHT FORWARDERS AND BROKERS.—
‘‘(1) GENERAL
RULE.—Subject to paragraph
(2) of this subsection, no State or political subdivi-
sion thereof and no intrastate agency or other politi-
cal agency of 2 or more States shall enact or enforce
any law, rule, regulation, standard, or other provi-
sion having the force and effect of law relating to
intrastate rates, intrastate routes, or intrastate serv-
ices of any freight forwarder or broker.
‘‘(2) CONTINUATION
OF
HAWAII’S
AUTHOR-
ITY.—Nothing in this subsection and the amend-
ments made by the Surface Freight Forwarder De-
regulation Act of 1986 shall be construed to affect
the authority of the State of Hawaii to continue to
regulate a motor carrier operating within the State
of Hawaii.
‘‘(c) MOTOR CARRIERS OF PROPERTY.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraphs (2) and (3), a State, political subdivision
of a State, or political authority of 2 or more States
224
may not enact or enforce a law, regulation, or other
provision having the force and effect of law related
to a price, route, or service of any motor carrier
(other than a carrier affiliated with a direct air car-
rier covered by section 41713(b)(4)) or any motor
private carrier, broker, or freight forwarder with re-
spect to the transportation of property.
‘‘(2) MATTERS
NOT
COVERED.—Paragraph
(1)—
‘‘(A) shall not restrict the safety regulatory
authority of a State with respect to motor vehi-
cles, the authority of a State to impose highway
route controls or limitations based on the size
or weight of the motor vehicle or the hazardous
nature of the cargo, or the authority of a State
to regulate motor carriers with regard to mini-
mum amounts of financial responsibility relat-
ing to insurance requirements and self-insur-
ance authorization;
‘‘(B) does not apply to the transportation
of household goods; and
‘‘(C) does not apply to the authority of a
State or a political subdivision of a State to
enact or enforce a law, regulation, or other pro-
vision relating to the price of for-hire motor ve-
225
hicle transportation by a tow truck, if such
transportation is performed without the prior
consent or authorization of the owner or opera-
tor of the motor vehicle.
‘‘(3) STATE STANDARD TRANSPORTATION PRAC-
TICES.—
‘‘(A) CONTINUATION.—Paragraph (1) shall
not affect any authority of a State, political
subdivision of a State, or political authority of
2 or more States to enact or enforce a law, reg-
ulation, or other provision, with respect to the
intrastate transportation of property by motor
carriers, related to—
‘‘(i) uniform cargo liability rules,
‘‘(ii) uniform bills of lading or receipts
for property being transported,
‘‘(iii) uniform cargo credit rules, or
‘‘(iv) antitrust immunity for joint line
rates or routes, classifications, and mileage
guides,
if such law, regulation, or provision meets the
requirements of subparagraph (B).
‘‘(B) REQUIREMENTS.—A law, regulation,
or provision of a State, political subdivision, or
226
political authority meets the requirements of
this subparagraph if—
‘‘(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation, or
provision is no more burdensome than
compliance with, a provision of this part or
a regulation issued by the Secretary or the
Panel under this part; and
‘‘(ii) the law, regulation, or provision
only applies to a carrier upon request of
such carrier.
‘‘(C) 
ELECTION.—Notwithstanding 
any
other provision of law, a carrier affiliated with
a direct air carrier through common controlling
ownership may elect to be subject to a law, reg-
ulation, or provision of a State, political sub-
division, or political authority under this para-
graph.
‘‘(4) This subsection shall not apply with re-
spect to the State of Hawaii until August 22, 1997.
‘‘§ 14502. Tax discrimination against motor carrier
transportation property
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
227
‘‘(1) ASSESSMENT.—The term ‘assessment’
means valuation for a property tax levied by a taxing
district.
‘‘(2) ASSESSMENT
JURISDICTION.—The term
‘assessment jurisdiction’ means a geographical area
in a State used in determining the assessed value of
property for ad valorem taxation.
‘‘(3) MOTOR CARRIER TRANSPORTATION PROP-
ERTY.—The term ‘motor carrier transportation
property’ means property, as defined by the Sec-
retary, owned or used by a motor carrier providing
transportation in interstate commerce whether or
not such transportation is subject to jurisdiction
under subchapter I of chapter 135.
‘‘(4) COMMERCIAL
AND
INDUSTRIAL
PROP-
ERTY.—The term ‘commercial and industrial prop-
erty’ means property, other than transportation
property and land used primarily for agricultural
purposes or timber growing, devoted to a commercial
or industrial use, and subject to a property tax levy.
‘‘(b) ACTS BURDENING INTERSTATE COMMERCE.—
The following acts unreasonably burden and discriminate
against interstate commerce and a State, subdivision of
a State, or authority acting for a State or subdivision of
a State may not do any of them:
228
‘‘(1) EXCESSIVE VALUATION OF PROPERTY.—
Assess motor carrier transportation property at a
value that has a higher ratio to the true market
value of the motor carrier transportation property
than the ratio that the assessed value of other com-
mercial and industrial property in the same assess-
ment jurisdiction has to the true market value of the
other commercial and industrial property.
‘‘(2) TAX ON ASSESSMENT.—Levy or collect a
tax on an assessment that may not be made under
paragraph (1).
‘‘(3) AD VALOREM TAX.—Levy or collect an ad
valorem property tax on motor carrier transportation
property at a tax rate that exceeds the tax rate ap-
plicable to commercial and industrial property in the
same assessment jurisdiction.
‘‘(c) JURISDICTION.—
‘‘(1) IN
GENERAL.—Notwithstanding section
1341 of title 28 and without regard to the amount
in controversy or citizenship of the parties, a district
court of the United States has jurisdiction, concur-
rent with other jurisdiction of courts of the United
States and the States, to prevent a violation of sub-
section (b) of this section.
234
established under subparagraph (B)(iv) of
this paragraph, subject to allocation of fee
revenues among all States in which the
carrier operates and which participate in
the single State registration system; and
‘‘(iv) to file the name of a local agent
for service of process.
‘‘(B) RECEIPTS; FEE SYSTEM.—The stand-
ards of the Secretary—
‘‘(i) shall require that the registration
State issue a receipt, in a form prescribed
under the standards, reflecting that the
carrier has filed proof of insurance as pro-
vided under subparagraph (A)(ii) of this
paragraph and has paid fee amounts in ac-
cordance with the fee system established
under clause (iv) of this subparagraph;
‘‘(ii) shall require that copies of the
receipt issued under clause (i) of this sub-
paragraph be kept in each of the carrier’s
commercial motor vehicles;
‘‘(iii) shall not require decals, stamps,
cab cards, or any other means of register-
ing or identifying specific vehicles operated
by the carrier;