Page:United States Statutes at Large Volume 49 Part 1.djvu/599

 554 74Ta CONGRESS. SESS. I. CH. 498. AUGUST 9, 1935. Dual operation. u DU AL OPE RATI ON lug ul esdo s hoIIa " SEC . 210, No person, after January 1, 1936, shall at the same time permit . hold under this part a certificate as a common carrier and a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown the Commission shall find that such certificate and permit may be held consistently with the public interest and with the policy declared in section 202 (a) of this part . Brokerage license s . cc BR OKE RAGE LICENSES Conduct of busin ess SEC. 211 . (a) No person shall for compensation sell or offer for wit hou t, pro hibi ted, sale transportation subject to this part or shall make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation or shall hold himself or itself out by adver- tisement, solicitation, or otherwise as one who sells, provides, pro- cures, contracts, or arranges for such transportation, unless such person holds a broker's license issued by the Commission to engage .covisoa in such transactions : Provided however That no s uch pe rson shall Requirement of cer- tificate or permit. engage in transportation subject to this part unless he holds a cer- r ieE rnot holdei nt cart r- tificate or permit as provided in this part. In the execution of any to or pe rm it, unlaw- contract, agreement, or arrangement to sell, provide, procure, fur- nish, or arrange for such transportation, it shall be unlawful for such person to employ any carrier by motor vehicle who or which is not the lawful holder of an effective certificate or permit issued wh en provision in- as provided in this part : And provided further, That the provisions ap plicable. of this paragraph shall not apply to any carrie r holding a certifica te or a permit under the provisions of this part or to any bona fide employee or agent of such motor carrier, so far as concerns trans- portation to be furnished wholly by such carrier or jointly with other motor carriers holding like certificates or permits, or with a common carrier by railroad, express, or water. Brokera ge licen se ; is - "(b) A brokerage license shall be issued to any qualified appli- sue of; requirements . cant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, wil ling, and a ble p roperl y to perfo rm the serv ice pr opose d and to conform to the provisions of this part and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, to the extent to be authorized by the license, is, or will be consistent with the public interest and the policy declared in section 2 02 (a ) o f t his p art ; otherwise such application shall be denied . Continuation of bus i- ness. Any broker in operation when this section takes effect may continue such operation for a period of one hundred and twenty days there- after without a license, and if application for such license is made w ithin such period, the broke r may , unde r suc h reg ulatio ns as the C ommiss ion s hall p rescr ibe, c ontin ue suc h ope ratio ns unt il ot her- wise ordered by the Commission. commission rules governing protection of "(c) The Commission shall prescribe reasonable rules and regula- travelers. tions for the protection of travelers or shippers by motor vehicle, to be observed by any person holding a brokerage license, and no such Broker's bond. license shall be issued or remain in force unless such person shall have furnished a bond or other security approved by the Commis- sion, in such form and amount as will insure financial responsibility and t he sup plyin g of a uthor ized t ransp ortati on in accor dance with contracts, agreements, or arrangements theref or . Jurisdiction of Co m- mission as to accounts, " ( d) The Commis sion and i ts spe cial agents and examin ers s hall etc ° have the same authority as to accounts, reports, and records, includ- ing inspection and preservation thereof, of any person holding a brokerage license issued under the provisions of this section, that they have under this part with respect to motor carriers subject thereto.