Page:United States Statutes at Large Volume 92 Part 2.djvu/132

 92 STAT. 1412

49 USC 10924.

Ante, p. 1361.

Ante, p. 1337.

49 USC 10925.

Ante, p. 1371.

Post, p. 1449.

PUBLIC LAW 95-473—OCT. 17, 1978 the case may be, within the scope of the permit to satisfy the requirements of business development and public demand. § 10924. Licenses of motor carrier brokers (a) The Interstate Commerce Commission shall issue, subject to section 10927(b) of this title, a license to a person authorizing the person to be a broker for transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, if the Commission finds that— (1) the person is fit, willing, and able— (A) to be a broker for transportation to be authorized by the license; and (B) to comply with this subtitle and regulations of the Commission; and (2) the transportation for which the person is to be a broker will be consistent with the public interest and the transportation policy of section 10101 of this title. (b)(1) The broker may provide the transportation itself only if the broker also has been issued a certificate or permit to provide the transportation under this subchapter. A broker may use only the transportation of a motor carrier holding a certificate or permit issued under this subchapter. (2) This subsection does not apply to a motor carrier having a certificate or permit issued under this subchapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other motor carriers holding certificates or permits, or with rail, express, or water common carriers. (c) A person must file an application with the Commission for a license to be a broker for motor carrier transportation. The Comiiiission may approve the application or any part of it, or deny the application. (d) Commission regulations shall provide for the protection of travelers and shippers by motor vehicle, to be observed by brokers. § 10925. Effective periods of certificates, permits, and licenses (a) Each certificate, permit, and license issued under section 10922, 10923, or 10924 of this title is effective from the date specified in it and remains in effect except as otherwise provided in this section. (b) On application of the holder of a certificate, permit, or license, the Interstate Commerce Commission may amend or revoke any part of the certificate, permit, or license. On complaint or on its own mitiative and after notice and an opportunity for a proceeding, the Commission may suspend, amend, or revoke any part of a certificate, permit, or license— (1) if a motor carrier, broker, or freight forwarder, for willful failure to comply with this subtitle, a regulation or order of the Commission, or a condition of its certificate, permit, or license; and (2) if a water carrier, for willful failure to comply with section 10701(a) or 11101 (a) of this title, a regulation or order of the Commission, or a condition of its certificate or permit. (c)(1) Except on application of the holder, the Commission may revoke a certificate or permit of a motor carrier or freight forwarder, or a license of a broker, only after the Commission has issued an order to the holder under section 11701 of this title requiring compliance with this subtitle, a regulation of the Commission, or a condition of the

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