Page:United States Statutes at Large Volume 49 Part 1.djvu/598

 74TIi CONGRESS. SESS. I. CH. 498. AUGUST 9, 1935 . is made and has so operated since that time, or, if engaged in fur- nishing seasonal service, only, was in bona fide operation on July 1, 1935, during the season ordinarily covered by its operations, except in eit her inst ance as to inter ruptions of serv ice ove r which the appl i- cant or its predecessor in interest had no control, the Commission shall issue such permit, without further proceedings, if application for such permit is made to the Commission as provided in paragraph (b) of this section and within one hundred and twenty days after this section shall take effect and if such carrier was registered on July 1, 1935, under any code of fair competition requiring registra- tion, the fact of regi stration shall b e eviden ce of b ona fide operati on to be considered in connection with the issuance of such permit. Otherwise the application for such permit shall be decided in accord- ance with the procedure provide d for in paragraph (b) of this section and such permit shall be issued or denied accordingly. Pend- ing d etermi nation of an y such appli cation the c ontinu ance o f such operat ion sh all be lawfu l. Any person, no t included within the foregoing provisions of this paragraph, who or which is engaged in transportation as a contract carrier by motor vehicle when this secti on tak es eff ect, m ay con tinue such o perati on for a per iod of one hundred and twenty days thereafter without a permit and, if application for such permit is made within such period, the carrier may, under such regulations as the Commission shall prescribe, continue such operation until otherwise ordered by the Commission Provi ded fu rther, That nothing in this part sha11 be construed to repeal, amend, or otherwise modify any Act or Acts relating to national parks and national monuments under the administrative jurisdiction of the Secretary of the Interior, or to withdraw such authority or control as may by law be held by the Secretary of the In terior with respec t to t he adm ission and o perati on of motor vehicles in any national park or national monument of the United Stat es. " (b) Applications for such permits shall be made to the Com- mission in writing, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the Commission may, by regulations, require . Subject to section 210, a permit shall be issued to any quali- fied applicant therefor authorizing in whole or in part the opera- tions covered by the application, if it appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle, and to conform to the provisions of this part and the lawful requirements, rules, and regulations of the Commission there- under, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest and the policy declared in section 202 (a) of this part ; otherwise such application shall be denied. The Commission shall specify in the permit the business of the contract carrier covered thereby and th e scope thereof and shall attach to it, at the time of issuance, and from time to time thereafter, such reasonable terms, conditions, and limitations con- sistent with the character of the holder as a contract carrier as are necessary to carry out, with respect to the operations of such carrier, the requirements established by the Commission under section 204 (a) (2) and (6) : Provided, however, That no terms, conditions, or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his or its equipment and facilities, within the scope of the permit ., as the development of the business and the demands of the public may require. 553 Time for making ap- plication. Registr ation u nder code of fair competi- tion ; effect. Issue of permits, gen- erally. Continuation of op- eration pen di ng deter- mination. Operation without permi t. Com mis si on re gul a- tions. Proviso. Operation wit hin na- tional parks and mon u- ments. Permits ; appli cation for ; form; contents. Issue of; require- ments. Ante, p.543. Business of contract carrier to be specified in. Terms, c ond itio ns, and limitations to be attached. Ante, p.546. Proviso . Righ ts of carrier no t restricted.