Page:United States Statutes at Large Volume 108 Part 2.djvu/970

 108 STAT. 1686 PUBLIC LAW 103-311—AUG. 26, 1994 "(j) Nothing in this section shall affect the application of the provisions of the Negotiated Rates Act of 1993 (or the amendments made by that Act) to undercharge claims for transportation provided prior to the date of enactment of the Trucking Industry Regulatory Reform Act of 1994. ". (f) DEFINITION. — Section 10102 (relating to definitions) is amended— (1) by redesignating paragraphs (13) through (32) as (14) through (33), and (2) by inserting after paragraph (12) the following: "(13) 'individually determined rate, classification, rule, or f>ractice' mesms a rate, classification, rule, or practice estabished by— "(A) a single motor common carrier for application to transportation that it can provide over its line; or "(B) 2 or more interlining carriers without participation in an organization established or continued under an agreement approved under section 10706(b) for application to transportation that the interlining carriers can provide jointly over their lines.". SEC. 207. MOTOR COMMON CARRIER UCENSING. (a) IN GENERAL.—Section 10922 (relating to certification of motor and water carriers) is amended— (1) by redesignating subsections (b) through (1) as (c) through (m), respectively, and by inserting after subsection (a) the following new subsection: "(b)(1) Except as provided in this section, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of property if the Commission finds that the person is able to comply with— "(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, "(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission under section 31144 of this title, and "(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of i this title. "(2) In making a finding under paragraph (1), the Commission shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the applicant is unable to comply with the requirements of subparagraph (A), (B), or (C) of that paragraph. (3) The Commission shall find any applicant for authority to operate as a motor carrier under this section to be unfit If the applicant does not meet the safety and ssifety fitness requirements under paragraph (I)(A) or (I)(B) of this subsection and shall deny the application. "(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, the safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection.".

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