§14303 Consolidation, Merger, and Acquisition of Control of Motor Carriers of Passengers

Summary

The Board must approve certain deals that change who owns or controls passenger motor carriers covered by chapter 135. This includes mergers or consolidations, any purchase, lease, or operating contract for another carrier’s property, any takeover of a carrier by one or more carriers, a non‑carrier buying control of two or more carriers, or a non‑carrier that already controls carriers taking control of another carrier. The Board will approve a deal only if it finds the deal is consistent with the public interest. It will look at how the deal affects adequate transportation for the public, the total fixed costs that result, and the interests of affected employees. The Board may add conditions to its approval. After an application is filed, the Board has 30 days to publish a notice or reject an incomplete filing. People can file written comments for 45 days after that notice. The Board must finish hearings by the 240th day after the notice and issue a final decision within 180 days after those hearings end. Extensions are allowed but cannot total more than 90 days. If approved, the parties can carry out the deal and operate the acquired property without state approval, and they are exempt from antitrust and other laws as needed to do so. Small carriers with no more than $2,000,000 in gross revenue in a recent 12‑month period are not covered. If a non‑carrier that provides transportation acquires control of a carrier, the Board may make that person follow sections 504(f), 14121–14123, 14901(a), and 14907. The Board can grant up to 180 days of interim operation to protect property or service and can issue additional orders when needed.