Page:United States Statutes at Large Volume 49 Part 1.djvu/590

 74TH CONGRESS. SESS. I. CH. 498 . AUGUST 9, 1935. 545 whether directly or by a lease or any other arrangement, transports passengers o r property in interstate or f oreign commerce by motor vehicle for compensation. "(16) The term `motor carrier' includes both a common carrier by motor vehicle and a contract carrier by motor vehicle . `' (17) The term `private carrier of property by motor vehicle' means any person not included in the terms `common carrier by motor vehicle' or `contract carrier by motor vehicle', who or which transports in interstate or foreign commerce by motor vehicle prop- erty of which such person is the owner, lessee, or bailee, when such trans portat ion is for th e purp ose of sale, lease, rent, or ba ilment, or in furtherance of any commercial enterprise . " (18) The term ` broker' means any person not included in the term ` motor carrier ' and not a bona fide employee or agent of any such carrie r, who or whi ch, as princ ipal or agent, sell s or o ffers for sale any transportation subject to this part, or negotiates for, or holds himself or itself out by solicitation, advertisement, or other- wise as one w ho sel ls, pr ovides, furni shes, contra cts, or arran ges fo r such transportation. " (19) The `services' and `transportation' to which this part applies include all vehicles operated by, for, or in the interest of any motor carrier i rrespective of ownership or of contract, exp ress or implied, together with all facilities and property operated or con- trolled by an y such carri er or c arrier s and used i n the t ranspo rtatio n of passengers or property in interstate or foreign commerce or in the performance of any service in connection therewith . " (20) The term `interstate operation' means any operation in interstate commerce. " (21) The term `foreign operation' means any operation in foreign commerce . " (b) Nothing in this part, except the provisions of section 204 relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment shall be con- strued to include (1) motor vehicles employed solely in transporting school children and teachers to or from school ; or (2) taxicabs, or other motor vehicles performing a bona fide taxicab service, having a capacity of not more than six passengers and not operated on a regular route or between fixed termini ; or (3) motor vehicles owned or operated by or on behalf of hotels and used exclusively for the transportation of hotel patrons between hotels and local railroad or other common carrier stations ; or (4) motor vehicles operated, under authorization, regulation, and control of the Secretary of the Inte- ri or, pr incipal ly for the p urpose of tr ansport ing pe rsons in and about the national parks and national monuments ; or (4a) motor vehicles cont rolled and oper ated by any far mer, and used in the transpor ta- tion of his agricultural commodities and products thereof, or in the transportation of supplies to his farm ; or (4b) motor vehicles con- trolled and operated by a cooperative association as defined in the Agricultural Marketing Act, approved June 15, 1929, as amended ; or (5) trolley busses operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service ; or (6) motor vehicles used exclusively in carrying livestock, fish (including shell fish), or agricultural com- modities (not including manufactured products thereof) or (7) moto r vehicles used exclusively in the distribut ion of newspape rs ; nor, unl ess and to the extent that th e Commission sh all from time to time find that such application is necessary to carry out the policy of Congress enunciated in section 202, shall the provisions of this part, except the provisions of section 204 relative to qualifications 10-1019'-36	35 " Motor carrier." "Private carrier by motor vehicle." "Broker." "Services" ; "trans- portation." "Interstate opera tion ." "Foreign operation ." Services excluded fr om pro vis io ns of Act. Sc hool b usses. Taxicabs. Hotel busses. Busses in national parks, etc. Farm trucks. Trol ley bu sses. Busses u sed for c on- veying livestock, etc. Distributing news. papers .