Page:United States Statutes at Large Volume 52.djvu/1280

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 811-JUNE 29, 1938 part, or with any lawful order, rule, or regulation of the Commission promulgated thereunder, or with any term, condition, or limitation of such certificate, permit, or license: Provided, however, That no Provs. such certificate, permit, or license shall be revoked (except upon appli- wilfuni oncomplince cation of the holder) unless the holder thereof willfully fails to com- ideth commission's ply, within a reasonable time, not less than thirty days, to be fixed by the Commission, with a lawful order of the Commission, made as provided in section 204 (d), commanding obedience to the provision 49 tat. 547. 49 U. S. C., Supp. of this part, or to the rule or regulation of the Commission thereunder, ni,§304(d) pp or to the term, condition, or limitation of such certificate, permit, or license, found by the Commission to have been violated by such holder: And provided further, That the right to engage in transportation in suspension of oper- interstate or foreign commerce by virtue of any certificate, permit, tic fr fghtsilupnto license, or any application filed pursuant to the provisions of section comply with desig- 206, 209, or 211, or by virtue of the second proviso of section 206 (a) 49 stat. 551, 2 ,554. or temporary authority under section 210a, may be suspended by the A nt, p.1238- Commission, upon reasonable notice of not less than fifteen days to the carrier or broker, but without hearing or other proceedings, for failure to comply, and until compliance, with the provisions of section 211 (c), 217 (a), or 218 (a) or with any lawful order, rule, or regula- 49 stat. 554,560, 561. tion of the Commission promulgated thereunder." SEC. 12. Section 213 (a) (1) of said Act is hereby amended to read 49 stat.555. frllows- 49 U. S. C. Supp. as follows: III, § 313 (a) (i). "(1) Whenever a consolidation, merger, purchase, lease, operating Proposed consolida- contract, or acquisition of control is proposed under this section, the tio, merger, etc. carrier or carriers or the person seeking authority therefor shall public hearing. present an application to the Commission, and thereupon the Com- mission shall, after such notice as is required by section 205 (f), and 49Stat. 50 . if deemed by it necessary in order to determine whether the fnindings 9USC.,Spp specified below may properly be made, set said application down for f). a public hearing. If the Commission finds that the transaction pro- Order by commis- posed will be consistent with the public interest and that the condi-on tions of this section have been or will be fulfilled, it may enter an order approving and authorizing such consolidation, merger, pur- chase, lease, operating contract, or acquisition of control, upon such terms and conditions as it shall find to be just and reasonable and with such modifications as it may prescribe: Provided, however, Pr 'o,'o. That if a carrier as defined in section 1 (3) of part I, or any person mission. m which is controlled by such a carrier or affiliated therewith within (3)5S. ). the meaning of section 5 (8) of part I, is an applicant, the Commis- sion shall not enter such an order unless it finds that the transaction proposed will promote the public interest by enabling such carrier to use service by motor vehicle to public advantage ill its oplerations and will not unduly restrain competition." SEC. 13. Section 213 (b) (1) of said Act is hereby amended to 49S"ats6. Supp. read as follows: II, § 313(b) (1). "(b) (1) It shall be unlawful for any person, except as provided 1 Effectuatingonttrol in paragraph (a), to accomplish or effectuate, or to participate in oftwoor morecnrrers. accomplishing or effectuating, the control or management in a corn- mon interest of any two or more motor carriers which are not also carriers by railroad, or of one or more such motor carriers and one or more carriers other than motor carriers, however such result is attained, whether directly or indirectly, by use of common directors, officers, or stockholders, a holding or investment company or com- panies, a voting trust or trusts, or in any other manner whatsoever. It shall be unlawful to continue to maintain control or management Continuation of control after enact- accomplished or effectuated after the enactment of this part and in mentof Act. violation of this paragraph. As used in this paragraph, the words 'control or management' shall be construed to include the power to exercise control or management." 1239

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