An Act to amend the Interstate Commerce Act so as to strengthen and improve the national transportation system, and for other purposes
PL 89-170 (H.R.5401), enacted 09/06/1965

648 
PUBLIC LAW 89-169-SEPT. 6, 1965 
[79 STAT. 
Public Law 89-169 
September 6, 1965 
J O I N T 
R E S O L U T I O N 
[H. J. Res. 632] rp^ authorize the Administrator of General Services to enter into an agreement 
with the University of Texas for the Lyndon Baines Johnson Presidential 
Archival Depository, and for other purposes. 
Lyndon Baines 
Johnson Presi-
dential Archival 
Depository. 
69 Stat. 695. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress asseTnhled, That the Administrator of 
General Services is hereby authorized to enter into an agreement upon 
such terms and conditions as he determines proper with the University 
of Texas to utilize as the Lyndon Baines Johnson Archival Depository, 
land, buildings, and equipment of such university to be made available 
by it without transfer of title to the United States, and to maintain, 
operate, and protect such depository as a part of the National Archives 
system. 
Such agreement may be entered into without regard to the 
provisions of section 507(f) (1) of the Federal Property and Adminis-
trative Services Act of 1949, as amended (44 U.S.C. 39r(f) (1)), that 
the Administrator shall not enter into any such agreement until the 
expiration of the first period of sixty calendar days of continuous ses-
sion of the Congress following the date on which a report in writing 
of any such proposed Presidential archival depository is transmitted 
by the Administrator to the President of the Senate and the Speaker 
of the House of Representatives. 
Approved September 6, 1965. 
Public Law 89-170 
September 6, 1965 
A N 
A C T 
[H. R. 5401] 
rpQ amend the Interstate Commerce Act so as to strengthen and improve the 
national transportation system, and for other purposes. 
Interstate Com-
merce Act, amend-
ment. 
49 Stat. 550; 
54 Stat. 922. 
State registra-
tion of ICC certif-
icates. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That subsection (f) 
of section 205 of the Interstate Commerce Act (49 U.S.C. 305(f)) is 
amended by inserting after the second sentence thereof the following 
new sentence: "In addition, the Commission is authorized to make 
cooperative agreements with the various States to enforce the eco-
nomic and safety laws and regulations of the various States and the 
United States concerning highway transportation." 
SEC. 2. Subsection (b) of section 202 of the Interstate Commerce Act 
(49 U.S.C. 302(b)) is amended by inserting "(1)" immediately after 
"(b)" and by adding at the end thereof the following: 
" (2) The requirement by a State that any motor carrier operating in 
interstate or foreign commerce within the borders of that State register 
its certificate of public convenience and necessity or permit issued by 
the Commission shall not constitute an undue burden on interstate com-
merce provided that such registration is accomplished in accordance 
with standards, or amendments thereto, determined and officially certi-
fied to the Commission by the national organization of the State com-
missions, as referred to in section 205 (f) of this Act, and promulgated 
by the Commission. As so certified, such standards, or amendments 
thereto, shall be promulgated forthwith by the Commission and shall 
become effective five years from the date of such promulgation. 
As 
used in this paragraph, 'standards or amendments thereto' shall mean 
specification of forms and procedures required to evidence the lawful-
ness of interstate operations of a carrier within a State by (a) filing 
79 STAT. ] 
PUBLIC LAW 89-170-SEPT. 6, 1965 
649 
and maintaining current records cf the certificates and permits issued 
by the Commission, (b) registering and identifying vehicles as oper-
ating under such certificates and permits, (c) filing and maintaining 
evidence of currently effective insurance or qualifications as a self-
insurer under rules and regulations of the Commission, and (d) filing 
designations of local agents for service of process. Different stand-
ards may be determined and promulgated for each of the classes of 
carriers as differences in their operations may warrant. 
In deter-
mining or amending such standards, the national organization of the 
State commissions shall consult with the Commission and with repre-
sentatives of motor carriers subject to State registration requirements. 
To the extent that any State requirements for registration of motor 
carrier certificates or permits issued by the Commission impose obliga-
tions which are in excess of the standards or amendments thereto 
promulgated under this paragraph, such excessive requirements shall, 
on the effective date of such standards, constitute an undue burden on 
interstate commerce. If the national organization of the State com-
missions fails to determine and certify to the Commission such stand-
ards within eighteen months from the effective date of the paragraph, 
or if that organization at any time determines to withdraw in their 
entirety standards previously determined or promulgated, it shall be 
the duty of the Commission, within one year thereafter, to devise and 
promulgate such standards, and to review from time to time the stand-
ards so established and make such amendments thereto as it may deem 
necessary, in accordance with the foregoing requirements of this para-
graph. 
Nothing in this paragraph shall be construed to deprive the 
Commission, when there is a reasonable question of interpretation or 
construction, of its jurisdiction to interpret or construe certificates of 
public convenience and necessity, permits, or rules and regulations 
issued by the Commission, nor to authorize promulgation of standards 
in conflict with any rule or regulation of the Commission." 
SEC. 3. Subsection (h) of section 222 of the Interstate Commerce 
Act (49 U.S.C. 322(h)) is amended by striking out the words "shall 
forfeit to the United States the sum of $100 for each such offense, and, 
in case of a continuing violation, not to exceed $50 for each additional 
day during which such failure or refusal shall continue" in the first 
sentence therein and by inserting in lieu thereof the following: "or 
who shall fail or refuse to comply with the provisions of section 203 (c) 
or section 206(a) (1) or section 209(a) (1) shall forfeit to the United 
States not to exceed $500 for each such offense, and, in case of a con-
tinuing violation not to exceed $250 for each additional day during 
which such failure or refusal shall continue". 
SEC. 4. Subsection (b) of section 222 of the Interstate Commerce 
Act (49 U.S.C. 322(b)) is amended to read as follows: 
"(b) (1) If any motor carrier or broker operates in violation of any 
provision of this part (except as to the reasonableness of rates, fares, 
or charges and the discriminatory character thereof), or any lawful 
rule, regulation, requirement, or order promulgated by the Commis-
sion, or of any term or condition of any certificate or permit, the Com-
mission or its duly authorized agent may apply for the enforcement 
thereof to the district court of the United States for any district where 
such motor carrier or broker operates. In any proceeding instituted 
under the provisions of this subsection, any person, or persons, acting 
in concert or participating with such carrier or broker in the Commis-
Civil penalties. 
increase. 
63 Stat. 4i 
Enforcement pro-
ceedings by Com-
mission. 
49 Stat. 564. 
49-850 0-66—44 
650 
PUBLIC LAW 89-170-SEPT. 6, 1965 
[79 STAT. 
sion of such violation may, without regard to his or their residence, 
be included, in addition to the motor carrier or broker, as a party, or 
parties, to the proceeding. The court shall have jurisdiction to enforce 
obedience to any such provision of this part, or of such rule, regula-
tion, requirement, order, term, or condition by a writ of injunction 
or by other process, mandatory or otherwise, restraining such carrier 
or broker, his or its officers, agents, employees, and representatives, 
and such other person, or persons, acting in concert or participating 
with such carrier or broker, from further violation of such provision 
of this part, or of such rule, regulation, requirement, order, term, or 
condition and enjoining upon it or them obedience thereto. 
Process 
in such proceedings may be served upon such motor carrier, or broker, 
or upon such person, or persons, acting in concert or participating 
therewith in the commission of such violation, without regard to the 
territorial limits of the district or of the State in which the proceeding 
is instituted. 
Enforcement pro- 
«(2) If auy pcrsou Operates in clear and patent violation of any pro-
jured'persons'."' 
vlslous of sectlon 203 (c), 206,209, or 211 of this part, or any rule, regu-
49 use 303,306, latiou, requirement, or order thereunder, any person injured thereby 
^°^' ^^^' 
may apply to the district court of the United States for any district 
where such person so violating operates, for the enforcement of such 
section, or of such rule, regulation, requirement, or order. 
The court 
shall have jurisdiction to enforce obedience thereto by a writ of 
injunction or by other process, mandatory or otherwise, restraining 
such person, his or its officers, agents, employees, and representatives 
from further violation of such section or of such rule, regulation, 
requirement, or order; and enjoining upon it or them obedience thereto. 
A copy of any application for relief filed pursuant to this paragraph 
shall be served upon the Commission and a certificate of such service 
shall appear in such application. 
The Commission may appear as of 
right in any such action. The party who or which prevails in any 
such action may, in the discretion of the court, recover reasonable attor-
ney's fees to be fixed by the court, in addition to any costs allowable 
28 use app. 
under the Federal Rules of Civil Procedure, and the plaintiff institut-
ing such action shall be required to give security, in such sum as the 
court deems proper, to protect the interests of the party or parties 
against whom any temporary restraining order, temporary injunctive, 
or other process is issued should it later be proven unwarranted by the 
facts and circumstances. 
" (3) In any action brought under paragi'aph (2) of this subsection, 
the Commission may notify the district court of the United States in 
which such action is pending that it intends to consider the matter in a 
proceeding before the Commission. Upon the filing of such a notice 
the court shall stay further action pending disposition of the proceed-
ing before the Commission." 
SEC. 5. Subsection (b) of section 417 of the Interstate Commerce Act 
56 Stat. 297. 
(49 XJ.S.C. 1017 (b)) is amended by inserting " (1)" immediately after 
" (b)" and by adding at the end thereof the following new paragraph: 
" (2) If any person operates in clear and patent violation of section 
49 use 1010. 
410 of this part, or any rule, regulation, requirement, or order there-
under, any person injured thereby may apply to the district court of 
the United States for any district where such person so violating 
operates, for the enforcement of such section, or of such rule, regula-
tion, requirement, or order. 
The court shall have jurisdiction to 
79 STAT. ] 
PUBLIC LAW 89-170-SEPT. 6, 1965 
651 
enforce obedience thereto by a writ of injunction or by other process, 
mandatory or otherwise, restraining such person, his or its officers, 
agents, employees, and representatives from further violation of such 
section or of such rule, regulation, requirement, or order; and enjoin-
ing upon it or them obedience thereto. A copy of any application for 
relief filed pursuant to this paragraph shall be served upon the Com-
mission and a certificate of such service shall appear in such applica-
tion. 
The Commission may appear as of right in any such action. 
The party who or which prevails in any such action may, in the 
discretion of the court, recover reasonable attorney's fees to be fixed 
by the court, in addition to any costs allowable under the Federal Rules 
of Civil Procedure, and the plaintiff instituting such action shall be 
required to give security, in such sum as the court deems proper, to 
protect the interests of the party or parties against whom any tem-
porary restraining order, temporary injunctive or other process is 
issued should it later be proven unwarranted by the facts and 
circumstances. 
"(3) In any action brought under paragraph (2) of this subsection, 
the Commission may notify the district court of the United States in 
which such action is pending that it intends to consider the matter in a 
proceeding before the Commission. 
Upon the filing of such a notice 
the court shall stay further action pendmg disposition of the proceed-
ing before the Commission." 
SEC. 6. (a) Paragraph (2) of section 204a of the Interstate Com- rau7n7and ove^r-^" 
merce Act (49 U.S.C. 304a) is amended to read as follows: 
charges. 
"(2) For recovery of reparations, action at law shall be begun 
^^ ^
*
^
*
" ^^'°' 
against common carriers by motor vehicle subject to this part within 
two years from the time the cause of action accrues, and not after, and 
for recovery of overcharges, action at law shall be be^un against com-
mon carriers by motor vehicle subject to this part within three years 
from the time the cause of action accrues, and not after, subject to 
paragraph (3) of this section, except that if claim for the overcharge 
has been presented in writing to the carrier within the three-year 
period of limitation said period shall be extended to include six months 
from the time notice in writing is given by the carrier to the claimant 
of disallowance of the claim, or any part or parts thereof, specified 
in the notice." 
(b) Section 204a of the Interstate Commerce Act (49 U.S.C. 304a) 7fsta\!*86o.°' 
is amended by redesignating paragraphs (5), (6), and (7) as para-
graphs (6), (7), and (8), respectively, and by inserting immediately 
after paragraph (4) thereof the following: 
"(5) The term 'reparations' as used in this section means damages 
"Reparations." 
resulting from charges for transportation services to the extent that 
the Commission, upon complaint made as provided in section 216(e) 
of this part, finds them to have been unjust and unreasonable, or 
^^ ^^sc sie' 
unjustly discriminatory or unduly preferential or unduly prejudicial." 
SEC. 7. (a) Paragraph (2) of section 406a of the Interstate Com-
merce Act (49 U.S.C. 1006a) is amended to read as follows: 
72^stat^ seo^^' 
"(2) For recovery of reparations, action at law shall be begun 
against freight forwarders subject to this part within two years from 
the time the cause of action accrues, and not after, and for recovery 
of overcharges, action at law shall be begun against freight for-
warders subject to this part within three years from the time the cause 
652 
PUBLIC LAW 89-170-SEPT. 6, 1965 
[79 STAT. 
of action accrues, and not after, subject to paragraph (3) of this sec-
tion, except that if claim for the overcharge has been presented in 
writing to the freight forwarder within the three-year period of limi-
tation said period shall be extended to include six months from the 
time notice in writing is given by the freight forwarder to the claimant 
of disallowance of tlie claim, or any part or parts thereof, specified 
in the notice." 
(b) Section 40€a of the Interstate Commerce Act (49 U.S.C. 1006a) 
is amended by redesignating paragraphs (5), (6), and (7) as para-
graphs (6), (7), and (8), respectively, and by inserting immediately 
after paragraph (4) thereof the following: 
••Reparations." 
ii ^^^ /j^j^g ^gj.jjj 'reparations' as used in this section means damages 
resulting from charges for transportation services to the extent that the 
Commission, upon complaint made as provided in section 406 of this 
part, finds them to have been unjust and unreasonable, or unjustly 
discriminatory or unduly preferential or unduly prejudicial." 
49 use 90^^923 
^^^' ^' ^^^ ^ ^ ^ ^^^ ^^ ^^^ Interstate Commerce Act is amended by 
inserting immediately after section 812 the following new section: 
56 Stat. 288, 
49 u s e 1006. 
li REVOCATION OF CERTIFICATES AND PERMITS 
"SEC. 312a. (1) Certificates and permits shall be effective from the 
date specified therein, and shall remain in effect until suspended or 
revoked as provided in this section. 
"(2) Any certificate or permit issued under this part may, upon 
application of the holder thereof, in the discretion of the Commission, 
be amended or revoked, in whole or in part, or may, upon complaint, or 
on the Commission's own initiative, after reasonable notice and oppor-
tunity for hearing, be suspended, changed, or revoked, in whole or in 
49 use 905. 
part, for willful failure to comply with the provisions of section 305 (a) 
with respect to performing, providing, and furnishing transportation 
upon reasonable request therefor: Provided, 
however, That no such 
certificate or permit shall be suspended, changed, or revoked under 
this paragraph (except upon application of the holder) unless the 
holder thereof, fails to comply, within a reasonable time, not less than 
thirty da^s, to be fixed by the Commission, with a lawful order of the 
49 use 904. 
Commission, made as provided in section 304 (e) of this title, command-
49 us^c 9^o\^' 
^"S obedience to the provisions of section 305(a) with respect to per-
forming, providing, and furnishing transpoitation upon reasonable 
request therefor." 
(b) The table of contents in section 301 of the Interstate Commerce 
Act, as amended (49 U.S.C. 901), is amended by inserting immediately 
after and below 
"Sec. 312. Transfer of ctertitieates and permits." 
the following: 
"Sec. 3J2}|. Revocation of certiticates an«l permits.". 
Approved September 6, 1965.