Page:United States Statutes at Large Volume 94 Part 1.djvu/849

 PUBLIC LAW 96-296—JULY 1, 1980

94 STAT. 799

"(4) a copy of the notice is carried in the cab of all vehicles conducting the transportation. "(c) In this section, 'corporate family* means a group of corpora- "Corporate tions consisting of a parent corporation and all subsidiaries in which family." the parent corporation owns directly or indirectly a 100 percent interest.". MOTOR CONTRACT CARRIERS

SEC. 10. (a)(1) Section 10102(12) of title 49, United States Code, is amended to read as follows: "Motor contract "(12) 'motor contract carrier' means— carrier." "(A) a person, other than a motor common carrier, providing motor vehicle transportation of passengers for compensation under continuing agreements with a person or a limited number of persons— "(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or "(ii) designed to meet the distinct needs of each such person; and "(B) a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons— "(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or "(ii) designed to meet the distinct needs of each such person.". (2) Section 10923(b) of title 49, United States Code, is amended by— (A) inserting in paragraph (2) "of passengers" after "motor contract carrier"; and (B) redesignating paragraph (3) (and any references thereto) as paragraph (7) and inserting after paragraph (2) the following new paragraphs: "(3) In deciding whether to approve the application of a person for a Permits, permit as a motor contract carrier of property, the Commission shall application consider—

approval.

"(A) the nature of the transportation proposed to be provided; "(B) the effect that granting the permit would have on the protesting carriers if such grant would endanger or impair their operations to an extent contrary to the public interest; "(C) the effect that denying the permit would have on the person applying for the permit, its shippers, or both; and "(D) the changing character of the requirements of those shippers. "(4) No motor carrier of property may protest an application to Application provide transportation as a motor contract carrier of property filed protest by under this section unless— earner. "(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied; "(ii) it is willing and able to provide service that meets the reasonable needs of the shippers involved; and "(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;

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