Page:United States Statutes at Large Volume 94 Part 1.djvu/844

 94 STAT. 794

PUBLIC LAW 96-296—JULY 1, 1980 (3) by adding at the end thereof the following new paragraph: "(7) with respect to transportation of property by motor carrier, to promote competitive and efficient transportation services in order to (A) meet the needs of shippers, receivers, and consumers; (B) allow a variety of quedity and price options to meet changing market demands and the diverse requirements of the shipping public; (C) allow the most productive use of equipment and energy resources; (D) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions; (E) provide and maiintain service to small communities and small shippers; (F) improve and maintain a sound, safe, and competitive privatelyowned motor carrier system; (G) promote greater participation by minorities in the motor carrier system; and (H) promote intermodal transportation." MOTOR CARRIER ENTRY POLICY

Certificate issuance. 49 USC 10521.

Ante, p. 793.

Commission finding, limitation.

SEC. 5. (a) Section 10922 of title 49, United States Code, is amended— (1) in subsection (a) by inserting "of passengers" after "motor common carrier"; (2) by redesignating subsections (b), (c), (d), (e), and (f), and all references thereto, as subsections (c), (d), (e), (f), and (g), respectively; and (3) by inserting after subsection (a) the following new subsection: "OaXD Except as provided in this section, the Interstate Commerce Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of property if the Commission finds— "(A) that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and "(B) on the basis of evidence presented by persons supporting the issuance of the certificate, that the service proposed will serve a useful public purpose, responsive to a public demand or need; unless the Commission finds, on the basis of evidence presented by persons objecting to the issuance of a certificate, that the transportation to be authorized by the certificate is inconsistent with the public convenience and necessity. "(2) In making a finding under paragraph (1) of this subsection, the Commission shall consider and, to the extent applicable, make findings on at least the following: "(A) the transportation policy of section 10101(a) of this title; and "(B) the effect of issuance of the certificate on existing carriers, except that the Commission shall not find diversion of revenue or traffic from an existing carrier to be in and of itself inconsistent with the public convenience and necessity. "(3) The Commission may not make a finding relating to public convenience and necessity under paragraph (1) of this subsection which is based upon general findings developed in rulemeiking proceedings.

�