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STAT.]

PUBLIC LAW 85-163-AUG. 22, 1957

411

Public Law 85-163 AN ACT To revise the definition of contract carrier by inotor vehicle as set forth in section 203 (a) (15) of the Interstate Commerce Act, and for other purposes.

Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assenwled^ That part II of the Interstate Commerce Act, as amended, is amended as follows: (1) By changing paragraph (15) of section 203(a) thereof (49 U.S.C. 3 0 3 (a) (15)), to read as follows: "(15) The term 'contract carrier by motor vehicle' means any person which engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce, for compensation (other than transportation referred to in paragraph (14) and the exception therein), under continuing contracts with one person or a limited number of persons either (a) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer.'' (2) By adding to section 203 (49 U.S.C. 303), the following new subsection: "(c) Except as provided in section 202(c), section 203(b), in the exception in section 203(a) (14), and in the second proviso in section 206 (a)(1), no person shall engage in any for-hire transportation business by motor vehicle, in interstate or foreign commerce, on any public highway or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such person a certificate or a permit issued by the Commission authorizing such transportation."; and (3) By adding to section 212 (49 U.S.C. 312), the following new subsection: "(c) The Commission shall examine each outstanding permit and may within one hundred and eighty days after the date this subsection takes effect institute a proceeding either upon its own initiative, or upon application of a permit holder actually in operation or upon complamt of an interested party, and after notice and hearing revoke a permit and issue in lieu thereof a certificate of public convenience and necessity, if it finds, first, that any person holding a permit whose operations on the date this subsection takes effect do not conform with the definition of a contract carrier in section 203(a) (15) as in force on and after the date this subsection takes effect; second, are those of a common carrier; and, third, are otherwise lawful. Such certificate so issued shall authorize the transportation, as a common carrier, of the same commodities between the same points or within the same territory as authorized in the permit." SEC. 2. Part II of such Act is further amended (1) by inserting after the second sentence of section 209(b) (49 U.S.C. 309 (b)) a new sentence to read as follows: " I n determining whether issuance of a permit will be consistent with the public interest and the national transportation policy declared in this Act, the Commission shall consider the number of shippers to be served by the applicant, the nature of the service prop>osed, the effect which granting the permit would have upon the services of the protesting carriers and the effect which denying the permit would have upon the applicant and/or its shipper and the changing character of that shipper's requirements."; and (2) by changing the third sentence of section 209(b) (49 U.S.C.

August 22, 195 7 [S. 1384]

Interstate Commerce. "Contract carrier." 54 Stat. 920.

C e r t i f i c a t e or permit.

49 Stat. 552.

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