Page:United States Statutes at Large Volume 52.djvu/1279

 PUBLIC LAWS-CH. 811 -JUNE 29, 193S 49 Stat. 550 . 49 U. S. C., Supp. III, 305 (f). Notice of proceed- ings and opportunity for hearing. Certificate of con- venience and neces- sity. 49 Stat. 551. 49 U. S. C., Supp. III, § 306 (a). Contract carriers by motor vehicle, neces- sity of permits. 49 Stat. 552. 49 U. S. C., Supp. III, § 309 (a). 49 Stat. 554 . 49 U. S. C., Supp. III, § 310. Temporary operat- ing authority. Duration. Consolidations, mergers, etc. Temporary approv- al of operation of properties sought to be acquired. 49 Stat. 555. 49U.S.C., Supp. Il, § 313 (a). Applicable provi- sions, rules, etc. 49 Stat. 555. 49 U. S. C., Supp. Il, § 312 (a). Certificates, per- mits, and licenses. Effective date; du- ration. Amendment or rev- ocation. SEC. 7. Section 205 (f) of said Act is hereby amended to read as follows: "(f) In accordance with rules prescribed by the Commission, reasonable notice shall be afforded, in connection with any proceeding under this part, to interested parties and to the board of any State, or to the governor if there be no board, in which the motor carrier operations involved in the proceeding are or are proposed to be conducted, and opportunity for intervention in any such proceeding for the purpose of making representations to the Commission or for participating in a hearing, if a hearing is held, shall be afforded to all interested parties." SEC. 8. Section 206 (a) of said Act is hereby amended by striking out "No common carrier" at the beginning and inserting in lieu thereof the following: "Except as otherwise provided in this section and in section 210a, no common carrier". SEC. 9. Section 209 (a) of said Act is hereby amended by striking out "No person" at the beginning of such section and inserting in lieu thereof the following: "Except as otherwise provided in this section and in section 210a, no person". SEC. 10. After section 210 of said Act, the following new section shall be inserted: "SEC. 210a. (a) To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such need, the Commission may, in its discretion and without hearings or other pro- ceedings, grant temporary authority for such service by a common carrier or a contract carrier by motor vehicle, as the case may be. Such temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the Commission shall specify but for not more than an aggregate of one hundred and eighty days, and shall create no presumption that corresponding permanent author- ity will be granted thereafter. "(b) Pending the determination of an application filed with the Commission for approval of a consolidation or merger of the prop- erties of two or more motor carriers, or of a purchase, lease, or contract to operate the properties of one or more motor carriers, as contemplated in section 213 (a) of this part, the Commission may, in its discretion, and without hearings or other procecdings, grant temporary approval, for a period not exceeding one hundred and eighty days, of the operation of the motor carrier properties sought to be acquired by the person proposing in such pending application to acquire such properties, if it shall appear that failure to grant such temporary approval may result in destruction of or injury to such motor carrier properties sought to be acquired, or to interfere substantially with their future usefulness in the performance of adequate and continuous service to the public. "(c) Transportation service rendered under such temporary author- ity shall be subject to all applicable provisions of this part and to the rules, regulations, and requirements of the Commission there- under." SEC. 11. Section 212 (a) of said Act is hereby amended to read as follows: "SEC. 212 . (a) Certificates, permits, and licenses shall be effective from the date specified therein, and shall remain in effect until sus- pended or terminated as herein provided. Any such certificate, per- mit, or license may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in part, or may upon complaint, or on the Commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with any provision of this [52 STAT.

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