Page:United States Statutes at Large Volume 52.djvu/1278

 52 STAT.] 75TH CONG., 3D SESS.- CH. 811 -JUNE 29, 1938 SEC. 2. Section 203 (a) (13) of said Motor Carrier Act, 1935, is hereby amended to read as follows: "(13) The term 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or prop- erty, or any combination thereof determined by the Commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails." SEC. 3. Section 203 (b) (6) of said Act is hereby amended to read as follows: "(6) motor vehicles used in carrying property consisting of livestock, fish (including shell fish), or agricultural commodities (not including manufactured products thereof), if such motor vehi- cles are not used in carrying any other property, or passengers, for compensation ;". SEC. 4. Section 204 (a) (6) of said Act is hereby amended to read as follows: "(6) To administer, execute, and enforce all provisions of this part, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure for such administration; and" SEC. 5. The first two sentences of section 205 (a) of said Act are hereby amended to read as follows: "SEC. 205. (a) Excepting a matter which is referred to a joint board as hereinafter provided, any matter arising in the administra- tion of this part as to which a hearing is required or in the judgment of the Commission is desirable shall be heard as the Commission may determine and be decided by the Commission, unless such matter shall, by order of the Commission, be referred to a member or exam- iner of the Commission for hearing and the recommendation of an appropriate order thereon. With respect to a matter so referred the member or examiner shall have all the rights, duties, powers, and jurisdiction conferred by this part upon the Commission, except that the order recommended by such member or examiner shall be subject to the following provisions of this paragraph." SEC. 6. (a) So much of the first sentence of section 205 (b) of said Act as reads "any of the following matters arising in the admin- istration of this part with respect to such operations" is hereby amended to read as follows: "any of the following matters arising in the administration of this part with respect to such operations as to which a hearing is required or in the judgment of the Com- mission is desirable:" (b) The last two sentences of said section 205 (b) are hereby amended to read as follows: "In acting upon matters so referred, joint boards shall be vested with the same rights, duties, powers, and jurisdiction as are herein- before vested in members or examiners of the Commission to whom a matter is referred for hearing and the recommendation of an appropriate order thereon: Provided, however, That a joint board may, in its discretion, report to the Commission its conclusions upon the evidence received, if any, without a recommended order. Orders recommended by joint boards shall be filed with the Commission, and shall become orders of the Commission and become effective in the same manner, and shall be subject to the same procedure, as provided in the case of orders recommended by members or exam- iners under this section. If a joint board to which any matter has been referred shall report its conclusions upon the evidence without a recommended order, such matter shall thereupon be decided by the Commission, giving such weight to such conclusions as in its judg- ment the evidence may justify." 1237 49 Stat. 544. 49 U. S. C., Supp. III, § 303 (a) (13). "Motor vehicle" defined. 49 Stat. 545. 49 U. S. C., Supp. III, 5 303 (b) (6). Motor vehicles used in conveying live- stock, fish, etc. 49 Stat. 546. 49 U. S. C., Supp. III, § 304 (a) (6). Duties and powers of Commission. 49 Stat. 548. 49 U. S. C., Bupp. III, §305 (a). Hearings. Reference of matter to a member or ex- aminer. Rights, duties, jurisdiction, etc., of member or examiner. Joint boards. 49 Stat. 548. 49 U. S. C., Supp. III, § 305(b). Itights, duties, Ju- risdiction, etc., ofjoint boards. Proviso. Discretionaryreport without recommenda- tion. Decision by Com- mission.

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