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 re-
ferred to the Committee on Public Works and Transportation
A BILL
To amend title 49, United States Code, relating to
deregulation of intrastate trucking.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Private Motor Carrier
Equity Act’’.
SEC. 
2. 
COMPENSATED 
INTERCORPORATE 
TRANSPOR-
TATION.
Section 10524 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) 
PREEMPTION
WITH
RESPECT
TO
COM-
PENSATED
INTERCORPORATE
TRANSPORTATION.—No
State or political subdivision thereof, and no agency or or-
ganization 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 interstate or intra-
state rates, routes, or services of any carrier that operates
in interstate commerce pursuant to Commission regula-
tions promulgated with respect to subsections (a) through
(c) of this section.’’.
SEC. 3. SINGLE SOURCE LEASING OF MOTOR VEHICLES
AND DRIVERS TO SHIPPERS.
Section 10524 of title 49, United States Code, is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(e) PREEMPTION
WITH
RESPECT
TO
SINGLE
SOURCE LEASING.—No State or political subdivision
thereof, and no agency or organization 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 interstate or intrastate rates, routes, or
services involving transportation by a motor vehicle and
driver leased from a single source by a lessee that operates
as a motor private carrier in interstate commerce when—
‘‘(1) the motor vehicle is exclusively committed
to the lessee’s use for the term of the lease;
‘‘(2) the lessee has exclusive dominion and con-
trol over the transportation service conducted by it
during the term of the lease;
‘‘(3) the lessee maintains public liability and
property damage insurance or otherwise accepts re-
sponsibility to the public for any injury or damage
caused in the course of performing the transpor-
tation service during the term of the lease;
‘‘(4) the lessee accepts responsibility for, and
bears the cost of, compliance with all applicable safe-
ty regulations; and
‘‘(5) the lessee bears the risk of damage to the
cargo.’’.
SEC. 4. TRIP LEASING OF MOTOR VEHICLES AND DRIVERS
FROM MOTOR PRIVATE CARRIERS.
Section 10524 of title 49, United States Code, is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(f) PREEMPTION
WITH
RESPECT
TO
LEASING
FROM MOTOR PRIVATE CARRIERS.—No State or political
subdivision thereof, and no agency or organization of 2
or mores States, shall enact or enforce any law, rule, regu-
lation, standard, or other provision having the force and
effect of law relating to the leasing of motor vehicles (with
or without drivers) from a motor private carrier that oper-
ates in interstate commerce to the extent that such law,
rule, regulation, standard, or other provision is in addition
to or more stringent than the requirements for such lease
transactions as established by the Commission.’’.
SEC. 5. MOTOR PRIVATE CARRIERS SEEKING OPERATING
AUTHORITY.
Section 10524 of title 49, United States Code, is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(g) PREEMPTION WITH RESPECT TO MOTOR PRI-
VATE CARRIERS SEEKING OPERATING AUTHORITY.—No
State or political subdivision thereof, and no agency or or-
ganization of 2 or more States, shall enact or enforce any
law, rule, regulation, standard, or other provision having
the force and effect of law that subjects a motor private
carrier that operates in interstate commerce and that
seeks to obtain a motor common carrier certificate or a
motor contract carrier permit to provide intrastate trans-
portation of property to requirements or criteria that are
not applied to a transportation business seeking the same
type of authority to operate as a motor common or motor
contract carrier.’’.
SEC. 6. DEDICATED CONTRACT CARRIAGE.
(a) IN GENERAL.—Subchapter II of chapter 105 of
title 49, United States Code, is amended by inserting after
section 10525 the following new section:
‘‘§ 10525a. Dedicated contract carriage
‘‘(a) DEDICATED CONTRACT CARRIER DEFINED.—
For purposes of this section, ‘dedicated contract carrier’
means a motor contract carrier that provides in interstate
commerce a service for one or more shippers, except an
individual shipping household goods containing the follow-
ing elements:
‘‘(1) Assigning motor vehicles for a continuing
period of time for the exclusive use of a contracting
shipper.
‘‘(2) Assigning personnel to perform driving,
loading unloading and related services for the exclu-
sive use of a contracting shipper.
‘‘(3) Assigning management personnel, with of-
fices at the contracting shipper’s facility, to provide
operations and safety management services for the
exclusive use of the contracting shipper.
‘‘(b) PREEMPTION.—No State or political subdivision
thereof, and no agency or organization 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 the interstate or intrastate rates, routes,
or services of any dedicated contract carrier having au-
thority under this subchapter.
‘‘(c) LIMITATION.—Nothing in subsection (b) of this
section shall prohibit a State or political subdivision there-
of, or agency or organization of 2 or more States, from
enacting or enforcing requirements on dedicated contract
carriers related to the safety of operations and minimum
amounts of financial responsibility.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter 105 is amended by inserting after the item
relating to section 10525 the following new item:
‘‘10525a. Dedicated contract carriage.’’.
Æ