Page:United States Statutes at Large Volume 96 Part 1.djvu/1148

 96 STAT. 1106

49 USC 10925. Post, p. 1115.

Post, p. 1120.

Post, p. 1108.

Ante, p. 1103.

PUBLIC LAW 97-261—SEPT. 20, 1982

provide a substantial portion of the regular-route passenger service which such carrier provides over its entire regular-route system; except that diversion of revenue or traffic from a motor common carrier of passengers in and of itself shall not be sufficient to support a finding that issuance of the certificate would impair the ability of the carrier to provide a substantial portion of the regular-route passenger service which the carrier provides over its entire regular-route system. "(4) The provisions of paragraph (1) of this subsection relating to the Commission finding that transportation to be authorized by issuance of a certificate is not consistent with the public interest shall not apply to any application under this subsection for authority to provide— "(A) interstate transportation service to any community not regularly served by a motor common carrier of passengers under this section; "(B) interstate transportation service which will be a substitute for discontinued rail or commercial-air passenger service to a community if such discontinuance results in such community not having any rail and commercial-air passenger service and if such application is filed within 180 days after such discontinuance becomes effective; and "(C) interstate transportation service to any community with respect to which the only motor common carrier of passengers providing interstate transportation service to such community applies for authority to discontinue providing such interstate service under section 10925(b) of this subchapter or applies for permission to discontinue or reduce its level of intrastate service to such community under section 10935 of this subchapter. "(5) The Commission may not make any finding under paragraphs (1) and (2) of this subsection which is based upon general findings developed in rulemaking proceedings. "(6) The requirement that persons issued certificates under this subsection be fit, willing, and able means safety fitness and proof of minimum financial responsibility under section 18 of the Bus Regulatory Reform Act of 1982. "(7) No motor common carrier of passengers may protest an application to provide transportation filed under this subsection or a request to remove an operating restriction under section 10922(i)(4) of this title unless— "(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 traveling public; 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; "(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or "(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in section 10101(a) of this title. "(8) No motor contract carrier of passengers may protest an application to provide transportation filed under this subsection.

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