Page:United States Statutes at Large Volume 92 Part 2.djvu/130

 92 STAT. 1410

49 USC 10923.

Ante, pp. 1361, 1365. Ante, p. 1369.

Ante, p. 1337. Applications.

PUBLIC LAW 95-473—OCT. 17, 1978 (4) A certificate of a motor common carrier to transport passengers may include authority to transport— (A) newspapers, baggage of passengers, express, or mail in the same motor vehicle with the passengers; and (B) baggage of passengers in a separate motor vehicle. (d) Each certificate issued to a person to provide transportation as a water common carrier shall specify each route over which, and each port between which, the carrier may provide transportation. (e)(1) A motor common carrier may provide transportation under a certificate only if the carrier complies with conditions the Commission finds are required by public convenience and necessity, including conditions— (A) on extending routes of the carrier; and (B) to carry out requirements established by the Commission under this subtitle. (2) The Commission may prescribe necessary conditions under which a water common carrier provides transportation, including conditions on extending routes of the carrier. (3) The Commission may prescribe conditions when the certificate is issued and at any time thereafter. The Commission may not prescribe a condition preventing— (A) a motor common carrier or water common carrier from adding to its equipment and facilities or its transportation within the scope of the certificate to satisfy business development and public demand; or (B) a water common carrier, if the carrier has authority to provide transportation OA er completed parts of a waterway project authorized under law, from extending its transportation over the uncompleted parts of the project when opened tor navigation to satisfy business development and public demand. (f) A certificate issued under this section does not confer a proprietary or exclusive right to use the public highways or public waterways. § 10923. Permits of motor and water contract carriers and freight forwarders (a) Except as provided in this section and section 10930 of this title, the Interstate Commerce Commission shall issue a permit to a person authorizing the person to provide transportation subject to the jurisdiction of the Commission under subchapter II or III of chapter 105 of this title as a motor contract carrier or water contract carrier, respectively, or to provide service subject to that jurisdiction under subchapter IV of chapter 105 as a freight forwarder, if the Commission finds that— (1) the person is fit, willing, and able— (A) to provide the transportation or service to be authorized by the permit; and (B) to comply with this subtitle and regulations of the Commission; and (2) the transportation or service to be provided under the permit is or will be consistent with the public interest and the transportation policy of section 10101 of this title. (b)(1) A person must file an application with the Commission for a permit to provide transportation as a contract carrier or to provide service as a freight forwarder. The Commission may approve any part of the application or deny the application. The application must— (A) be under oath;

�