PRIA, Government Policy, Made Personal

Summary

Federal motor-vehicle regulators (the Secretary and the Board) do not control short motor-vehicle trips inside terminal areas when those trips are just transfers, pickups, or deliveries and are done by a rail carrier covered by chapter 105, a water carrier covered by subchapter II, or a freight forwarder covered by subchapter III, and the trips are part of the carrier’s regular service. If a person does those same terminal-area transfer, pickup, or delivery trips as an agent for a rail, motor, water carrier, or freight forwarder, the trips are treated as if the carrier did them and are governed by that carrier’s rules (chapter 105, this subchapter, subchapter II, or subchapter III as appropriate).

Title 49, §13503

Transportation, Source: USLM XML via OLRC

(a)Transportation by Carriers.—

(1)In general.—

Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—

(A)is a transfer, collection, or delivery;

(B)is provided by—

(i)a rail carrier subject to jurisdiction under chapter 105;

(ii)a water carrier subject to jurisdiction under subchapter II of this chapter; or

(iii)a freight forwarder subject to jurisdiction under subchapter III of this chapter; and

(C)is incidental to transportation or service provided by the carrier or freight forwarder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter.

(2)Applicability of other provisions.—

Transportation exempt from jurisdiction under paragraph (1) of this subsection is subject to jurisdiction under chapter 105 when provided by such a rail carrier, under subchapter II of this chapter when provided by such a water carrier, and under subchapter III of this chapter when provided by such a freight forwarder.

(b)Transportation by Agent.—

(1)In general.—

Except to the extent provided by paragraph (2) of this subsection, neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—

(A)is a transfer, collection, or delivery; and

(B)is provided by a person as an agent or under other arrangement for—

(i)a rail carrier subject to jurisdiction under chapter 105 of this title;

(ii)a motor carrier subject to jurisdiction under this subchapter;

(iii)a water carrier subject to jurisdiction under subchapter II of this chapter; or

(iv)a freight forwarder subject to jurisdiction under subchapter III of this chapter.

(2)Treatment of transportation by principal.—

Transportation exempt from jurisdiction under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the freight forwarder for whom the transportation was provided and is subject to jurisdiction under chapter 105 of this title when provided for such a rail carrier, under this subchapter when provided for such a motor carrier, under subchapter II of this chapter when provided for such a water carrier, and under subchapter III of this chapter when provided for such a freight forwarder.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10523 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§13503 Exempt Motor Vehicle Transportation in Terminal Areas