Page:United States Statutes at Large Volume 94 Part 1.djvu/859

 PUBLIC LAW 96-296—JULY 1, 1980

94 STAT. 809

"(b) It shall be unlavsrful to coerce or attempt to coerce any person Coercion. providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) to load or unload any part of such property 49 USC 10521. onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle, except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.". (2) The analysis for subchapter I of chapter 111 of title 49, United States Code, is amended by adding at the end thereof the following: "11109. Loading and unloading motor vehicles.".

(b)(1) Chapter 119 of title 49, United States Code, is amended by inserting the following new section immediately after section 11902: "§ 11902a. Penalties for violations of rules relating to loading and 49 USC 11902a. unloading motor vehicles "(a) Any person who knowingly authorizes, consents to, or permits a violation of subsection (a) or (b) of section 11109 of this title or who Ante, p. 808. knowingly violates subsection (a) of such section is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. "(b) Any person who knowingly violates section 111090?) of this title shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.". (2) The analysis for chapter 119 of title 49, United States Code, is amended by inserting the following immediately after item 11902: "11902a. Penalties for violations of rules relating to loading and unloading motor vehicles.".

(c) Section 11702(a)(2) of title 49, United States Code, is amended by inserting "or 11109" after "10930". (d) Section 11107 of title 49, United States Code, is amended by inserting "(a)" before "Except" and by adding at the end thereof the following new subsection: "(b) The Commission shall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and any other person, under which such other person is to provide any portion of such transportation by a motor vehicle not owned by the carrier shall specify, in writing, who is responsible for loading and unloading the property onto and from the motor vehicle.". (e) The Interstate Commerce Commission, in consultation with the Secretary of Transportation, the Secretary of Labor, the Secretary of Agriculture, and representatives of independent owner-operators, the motor carrier industry, shippers, receivers, consumers, and other interested persons, shall study, and report to the Congress, not later than 18 months after the date of enactment of this Act on loading and unloading practices in the motor carrier of property industry. Such report shall include (1) such recommendations for legislative and other changes in such practices as the Commission considers appropriate, and (2) any changes in such practices which the Commission is making by regulation.

Responsibility for loading and unloading.

Loading and unloading practices. Study, report to Congress.

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