Sec. 213 Governors. and others. mission. (1) Whenever a consolidation, merger, purchase, lease, Application. operating contract, or acquisition of control is proposed under this section, the carrier or carriers or the person seeking authority therefor shall present an application to the Commission, and thereupon the Commission shall Notice, to State notify the Governor of each State in which any part of the properties or operations of the carriers involved into carriers the proposed transaction is situated, and also such carriers and the applicant or applicants, and other parties known to have a substantial interest in the proceeding of the time Hearing. and place for a public hearing. If after such hearing the Commission finds that the transaction proposed will be consistent with the public interest and that the conditions Findings of Comof this section have been or will be fulfilled, it may enter order of apan order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition terms and con of control, upon such terms and conditions as it shall scribed. find to be just and reasonable and with such modifications as it may prescribe: Provided, however, That if a carrier other than a motor carrier is an applicant, or any when appliperson which is controlled by such a carrier other than cant not motor a motor carrier or affiliated therewith within the meaning of section 5 (8) of part I, the Commission shall not enter such an order unless it finds that the transaction proposed public interwill promote the public interest by enabling such carrier tion not unduly other than a motor carrier to use service by motor vehicle to public advantage in its operations and will not unduly restrain competition. proval. ditions pre carrier. est; competirestrained. rier acquiring tion. (2) Whenever a person which is not a motor carrier Non-motor caris authorized, by an order entered under subparagraph control, regula(1) of this section, to acquire control of any such carrier or of two or more such carriers, such person thereafter shall, to the extent provided by the Commission, for the purposes of section 204 (a) (1), and section 220 (a) and (b), relating to accounts, records, and reports, accounts, recand to the inspection of facilities and records, including the penalties applicable in the case of violations thereof, Penalties. be subject to the provisions of this part. ords, reports. (b) (1) It shall be unlawful for any person, except as provided in paragraph (a), to accomplish or effectuate, or to participate in accomplishing or effectuating, the control or management in a common interest of any except as authortwo or more motor carriers which are not also carriers by railroad, however such result is attained, whether Control unlawful ized. Sec. 213 Continuance in control unlawful. directly or indirectly, by use of common directors, officers, or stockholders, a holding or investment company or companies, a voting trust or trusts, or in any other man ner whatsoever. It shall be unlawful to continue to main tain control or management accomplished or effectuated after the enactment of this part and in violation of this Control or man- paragraph. As used in this paragraph, the words "control or management" shall be construed to include the power to exercise control or management. agement defined. Investigation or complaint as to (2) The Commission is hereby authorized, upon comunlawful control. plaint or upon its own initiative without complaint, but after notice and hearing, to investigate and determine whether any person is violating the provisions of paragraph (b) (1) of this section. If the Commission finds after such investigation that such person is violating the order, preven- provisions of such paragraph, it shall by order require such person to take such action consistent with the provisions of this part as may be necessary, in the opinion of the Commission, to prevent further violation of such provisions. tion of further violation. Control, direct or indirect, Jurisdiction, district courts. (3) For the purposes of this section, wherever reference is made to control, it is immaterial whether such control is direct or indirect. (c) The district courts of the United States shall have jurisdiction upon the application of the Commission, alleging a violation of any of the provisions of this section or disobedience of any order issued by the Commission thereunder by any person, to issue such writs of in-enforcement of junction or other proper process, mandatory or other section or of order. Supplemental orders. Authorization unnecessary, 20 involved. -exception. wise, as may be necessary to restrain such person from violation of such provision or to compel obedience to such order. (d) The Commission may from time to time, for good cause shown, make such orders, supplemental to any order made under paragraphs (a) or (b), as it may deem necessary or appropriate. (e) Except where a carrier other than a motor caror less vehicles rier is an applicant or any person which is controlled by such a carrier or carriers by railroad or affiliated therewith within the meaning of section 5 (8) of part I, the provisions of this section requiring authority from the Commission for consolidation, merger, purchase, lease, operating contract, or acquisition of control shall not apply where the total number of motor vehicles involved is not more than twenty. (f) The carriers and any person affected by any order Secs. 214-215 made under the foregoing provisions of this section shall Relief from antibe, and they are hereby, relieved from the operation of trust laws, to exthe "antitrust laws ", as designated in section 1 of the tent authorized. Act entitled "An Act to supplement existing laws against unlawful restraints, and monopolies, and for other purposes", approved October 15, 1914, and of all other restraints or prohibitions by or imposed under authority of law, State or Federal, insofar as may be necessary eral restraints, to enable them to do anything authorized or required by such order. ISSUANCE OF SECURITIES -State or Fed etc. Securities of car trolling cor regulation. penalties. exception, amount out SEC. 214. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L 557. I, title 49, sec. 314.] Common or contract carriers by Secu riers and CODmotor vehicle, corporations organized for the purpose of engaging in transportation as such carriers, and corporations authorized by order entered under section 213 (a) (1) to acquire control of any such carrier, or of two or more such carriers, shall be subject to the provisions authorization, of paragraphs 2 to 11, inclusive, of section 20a of part I of this Act (including penalties applicable in cases of violations thereof): Provided, however, That said provisions shall not apply to such carriers or corporations standing. where the par value of the securities to be issued, together with the par value of the securities then outstanding, does not exceed $500,000. In the case of securities value of no par having no par value, the par value for the purpose of this section shall be the fair market value as of the date of their issue: Provided further, That the exemption in Exemption from section 3 (a) (6) of the "Securities Act, 1933 " is hereby 1933. amended to read as follows: "(6) Any security issued by a common or contract carrier, the issuance of which is subject to the provisions of section 20a of the Interstate Commerce Act, as amended; ". SECURITY FOR THE PROTECTION OF THE PUBLIC SEC. 215. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 315.] No certificate or permit shall be securities. Securities Act, 49 Stat. L 557, Secs. 215-216 issued to a motor carrier or remain in force, unless such carrier complies with such reasonable rules and regulaSurety bonds, in- tions as the Commission shall prescribe governing the surance, required. filing and approval of surety bonds, policies of insur-self insurance, ance, qualifications as a self-insurer or other securities or Conditions. agreements, in such reasonable amount as the Commission may require, conditioned to pay, within the amount of such surety bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements, any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under such certificate or permit, or for loss or damage to property of others. The Commission Rules and regu- may, in its discretion and under such rules and regulalations for filing. tions as it shall prescribe, require any such common carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the Commission, to be conditioned upon such carrier making compensation to shippers and/or consignees for all property belong[ing] to shippers and/or consignees, and coming into the possession of such carrier in connection with its transportation service. Any carrier which may be required by law to compensate a shipper and/or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper and/or consignee under any such bond, policies of insurance, or other securities or agreements, to the extent of the sum so paid. -amount. -conditions. Subrogation. RATES, FARES, AND CHARGES OF COMMON CARRIERS BY MOTOR VEHICLE 49 Stat. L. 558. Passenger carriers to establish through routes. SEC. 216. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 316.] (a)1 It shall be the duty of every common carrier of passengers by motor vehicle to establish reasonable through routes with other such common -service, equip carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers in interstate or foreign commerce; to establish, observe, ment, facilities, etc. 1 'Duty of common carriers, under part I, as to provision of transportation, sec. 1 (4); reasonable rates and charges, sec. 1 (5); reasonable classifications, regulations and practices, sec. 1 (6); provision of car service, sec. 1 (11), ante. Sec. 216 able fares and -regulations gage, etc. and enforce just and reasonable individual and joint Just and reasonrates, fares, and charges, and just and reasonable regula- charges. tions and practices relating thereto, and to the issuance, and practices. form, and substance of tickets, the carrying of personal, tickets, bagsample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with the transportation of passengers in interstate or foreign commerce; and in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable di- Divisions. visions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers. 2 riers, service, -rates, charges, (b) It shall be the duty of every common carrier of property by motor vehicle to provide safe and adequate property, carservice, equipment, and facilities for the transportation equipment, etc. of property in interstate or foreign commerce; to establish, observe, and enforce just and reasonable rates, charges, and classifications, and just and reasonable classifications. regulations and practices relating thereto and to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for ing, delivering transportation, and all other matters relating to or connected with the transportation of property in interstate or foreign commerce. Presenting, mark property, etc. carriers. (c) Common carriers of property by motor vehicle may establish reasonable through routes and joint rates, Through routes charges, and classifications with other such carriers or and joint rates. with common carriers by railroad and/or express and/or -railroads, exwater; and common carriers of passengers by motor press, or water vehicle may establish reasonable through routes and joint rates, fares, or charges with common carriers by railroad and/or water. In case of such joint rates, fares, Reasonable rules or charges it shall be the duty of the carriers parties and regulations. thereto to establish just and reasonable regulations and practices in connection therewith, and just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers. (d) It shall be unlawful for any common carrier by motor vehicle engaged in interstate or foreign commerce to make, give, or cause any undue or unreasonable prefer See footnote to par. (a), this section, ante. Duty to establish through routes and rates, under part L, sec. 1(4), ante. • Similar provision under part L. sec. 3(1), ante. -divisions. |