transportation of property of a character embraced within section 203(b)(6) of the Act of perishable products manufactured from perishable property of a character embraced within section 203 (b) (6), and such motor vehicle is to be used by the motor carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area in which such motor vehicle is based; or (b) Where the motor vehicle so to be used is one which has completed a movement covered by section 203 (b) (6) of the Act and such motor vehicle is next to be used by the motor carrier in a loaded movement in any direction, and/or in one or more of a series of movements, loaded or empty, in the general direction of the general area in which such motor vehicle is based; and (c) Provided, In either instance that prior to the execution of the lease, the authorized carrier receives and retains a statement signed by the owner of the equipment, or someone duly authorized to sign for the owner, authorizing the driver to lease the equipment for the movement or movements contemplated by the lease, certifying that the equipment so leased meets the qualifications enumerated in (a) or (b) of this subsection, and specifying the origin, destination, and the time of the beginning and ending of the last movement which brought the equipment within the purview of this subsection. (ii) Automobile and tank truck carriers. That such 30-day minimum period shall not apply to equipment owned or held under lawful lease by an authorized automobile carrier or tank truck carrier and used in the transportation of motor vehicles or commodities in bulk, respectively, when leased or subleased to other such authorized carriers. (c) Safety inspection of equipment by the authorized carrier. It shall be the duty of the authorized carrier, before taking possession of equipment, to inspect the same or to have the same inspected by a person who is competent and qualified to make such inspection and has been duly authorized by such carrier to make such inspection as a representative of the carrier, in order to insure that the said equipment complies with the Motor Carrier Safety Regulations of the Federal Highway Administration of the Department of Transportation. The person making the inspection shall certify the results thereof on a report in the form hereinafter set forth, which report shall be retained and preserved by the authorized carrier, and if his inspection discloses that the equipment does not comply with the requirements of the said safety regulations, possession thereof shall not be taken. When such an inspection has been made, the authorized carrier or an officer or partner thereof, or a safety director or other supervisory employee responsible for safety compliance, shall certify on the inspection report that the person who made the inspection, whether an employee or person other than an employee, is competent and qualified to make such inspection and has been duly authorized to do so by such carrier as its representative. When equipment other than a power unit is leased, a form of report applicable to such equipment may be used. Indicate in the proper column the result of the inspection of each item listed: I carefully inspected the equipment described above and that this is a true and correct report of the result of such inspection. (Signature of person making inspection) I hereby certify that on the date stated above the person who made the inspection covered by this report was competent and qualified to make such inspection and was duly authorized to make such inspection as a representative of Date (Name of authorized carrier) (Signature of carrier, partner, officer, safety director, or other supervisory employee responsible for safety compliance.) (d) Identification of equipment as that of the authorized carrier. The authorized carrier acquiring the use of equipment under this rule shall properly and correctly identify such equipment during the period of the lease, contract, or other arrangement in accordance with the Commission's requirements in Part 1058 of this chapter (Identification of Vehicles). If a removable device is used to identify the acquiring authorized carrier as the operating carrier, such device shall be on durable material such as wood, plastic, or metal, and bear a serial number in the acquiring authorized carrier's own series so as to keep proper record of each of the identification devices in use. 2. In Section 1057.5, paragraphs (d) and (f) are amended to read as follows: § 1057.5 Interchange of equipment. (d) Safety inspection of equipment. It shall be the duty of the carrier acquiring the use of equipment in interchange to inspect such equipment, or to have it inspected in the manner provided in § 1057.4 (c). Equipment which does not meet the requirements of that paragraph shall not be operated in the respective services of the interchange carriers until the defects have been corrected. Where carriers interchanging equipment for a through movement of traffic are commonly controlled and jointly maintain and administer a uniform safety program, no such inspection at the point of interchange is required; Provided, That the equipment interchanged has been so inspected immediately prior to the start of the movement in which the interchange occurs and found to meet the requirements of § 1057.4 (c). (f) Connecting carriers considered as owner. An authorized carrier receiving equipment in connection with a through movement shall be considered the owner of the equipment for the purpose of leasing the equipment to other authorized carriers in furtherance of the movement to destination or the return of the equipment after the movement is completed. (Sec. 204, 49 Stat. 546 as amended, 49 U.S.C. 304) It is further ordered, That this order shall become effective February 12, 1968, and shall continue in effect until further order of the Commission. And it is further ordered, That notice of this order shall be given to the general public by depositing a copy thereof in the Office of the Secretary of the Interstate Commerce Commission, Washington, D. C., and by filing a copy thereof with the Director, Office of the Federal Register. By the Commission, Motor Carrier Leasing Board. Commission Publishes Changes in Addresses of Field Offices Where Records are Available for Inspection On February 17, 1968 the Commission announced the following changes in address of field offices where records may be inspected (Fed. Reg. Vol. 33, No. 34, p. 3135) : The list of the locations of the Commission's field offices following § 1001.4 of Chapter X of Title 49 of the Code of Federal Regulations is amended by changing the addresses of the following area offices in the second column of the list to read as follows: Charlotte, N. C. 28202, Suite 417, BSR Building, 316 East Morehead Nashville, Tenn. 37203, Suite 803, 1808 West End Building. Des Moines, Iowa 50309, 677 Federal Building, 210 Walnut Street. * Boise, Idaho 83702, 455 Federal Building and U.S. Courthouse, 550 These amendments are effective February 15, 1968. Motor Carriers-Reporting Requirements The Commission has issued new reporting requirements regarding quarterly reports of Class 1 Carriers of Passengers, and Class I and II Carriers of Property. (See Fed. Reg. Vol. 33, No. 14, pp. 748-749). On January 16, 1968, the Commission issued revised classifications of motor carriers for accounting and reporting purposes. (Fed. Reg. Vol. 33, No. 10, pp. 537-538). Department of Transportation Transmits Proposal for Joint International Rates to Congress On March 11, 1968, the Department of Transportation transmitted to Congress proposed legislation permitting the establishment of joint international rates. Because of the importance of this legislation, the proposed legislation and accompanying justification are set forth in full below: A BILL To authorize and foster joint rates for international transportation of property, Section 2. Declaration of Policy. The Congress hereby declares that it is the policy of the United States to facilitate the movement of freight in international commerce and for this purpose to foster the use of joint rates by carriers by land, water, and air in the international transportation of property between places in the United States and places in foreign countries. All Federal departments and agencies concerned are directed to cooperate to the fullest extent in carrying out this policy. Section 3. Definitions. As used in this Act (1) "Agency" means the Civil Aeronautics Board, the Federal Martime Commission, or the Interstate Commerce Commission. (2) "Carrier" means a common carrier subject to the jurisdiction of an agency, or a transporter of property by land, water, or air for hire between points both of which are outside the United States. (3) "Common carrier subject to the jurisdiction of an agency" means: (a) An air carrier, foreign air carrier, or air freight forwarder holding a certificate, permit, or operating authorization from the Civil Aeronautics Board; (b) A common carrier by water (including a non-vessel operating common carrier by water) subject to the jurisdiction of the Federal Maritime Commission; or (c) A common carrier subject to Parts I, II, III, or IV of the Interstate Commerce Act. (4) "International transportation" means the transportation of property by land, water, or air carrier or by any combination thereof between places in the United States, on the one hand, and places in a foreign country, on the other. (5) "Joint rate" means a rate jointly offered for a through service, and expressed as a single, comprehensive rate, by (a) two or more carriers, at least one of which shall be a common carrier subject to the jurisdiction of an agency, or (b) one common carrier subject to the jurisdiction of more than one agency, or (c) one common carrier subject to the jurisdiction of an agency and also performing transportation wholly outside the United States; Provided, however, that an ocean rate and a charge for pick-up or delivery service in the port area of origin or delivery cannot be combined to form a joint rate. |