§13503 — Title 49 Transportation | U.S. Code

Summary

Federal transportation officials do not control motor-vehicle moves inside a terminal when those moves are just pickups, drop-offs, or handoffs done by a rail carrier, a water carrier, or a freight forwarder and when those moves are part of that carrier’s regular service. In that case the move is covered by the carrier’s own law (rail under chapter 105, water under subchapter II, freight forwarder under subchapter III). The same rule applies when a person does those pickups or drop-offs as an agent or under contract for a rail, motor, water carrier, or freight forwarder. Then the activity is treated as if the carrier did it and is governed by the carrier’s chapter (motor under this subchapter, rail under chapter 105, water under subchapter II, freight forwarder under subchapter III).

Title 49, §13503

Transportation — Source: USLM XML via OLRC

(a)(1)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)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)(1)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)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