§14303 — Title 49 Transportation | U.S. Code

Summary

The Board must approve mergers, buys, leases, or other deals that would put passenger motor carriers under common ownership or control. That includes combining two or more carriers into one, one carrier operating another’s business, or any transaction that gives control of one or more carriers to other carriers or to a non-carrier. The Board will approve a deal only if it finds the deal is in the public interest, looking at at least three things: whether the public will still get adequate transportation, what the total fixed costs will be, and how carrier employees will be affected. The Board must publish a notice or reject an incomplete filing within 30 days. People can comment for 45 days after notice. The Board must finish hearings within 240 days of notice and issue a final decision within 180 days after hearings end, though it can extend time up to 90 days total. If approved (or exempted), the parties can operate without state approval and are exempt from antitrust and other laws as needed. Deals are excluded if the carriers had $2,000,000 or less in gross operating revenue in a 12-month period that ended no more than 6 months before the agreement. If a non-carrier buys a carrier, that buyer becomes subject to sections 504(f), 14121–14123, 14901(a), and 14907. The Board can allow temporary operation for up to 180 days to avoid harm and can issue extra orders when needed.

Title 49, §14303

Transportation — Source: USLM XML via OLRC

(a)The following transactions involving motor carriers of passengers subject to jurisdiction under subchapter I of chapter 135 may be carried out only with the approval of the Board:

(1)Consolidation or merger of the properties or franchises of at least 2 carriers into one operation for the ownership, management, and operation of the previously separately owned properties.

(2)A purchase, lease, or contract to operate property of another carrier by any number of carriers.

(3)Acquisition of control of a carrier by any number of carriers.

(4)Acquisition of control of at least 2 carriers by a person that is not a carrier.

(5)Acquisition of control of a carrier by a person that is not a carrier but that controls any number of carriers.

(b)The Board shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The Board shall consider at least the following:

(1)The effect of the proposed transaction on the adequacy of transportation to the public.

(2)The total fixed charges that result from the proposed transaction.

(3)The interest of carrier employees affected by the proposed transaction.

(c)Within 30 days after the date on which an application is filed under this section, the Board shall either publish a notice of the application in the Federal Register or reject the application if it is incomplete.

(d)Written comments about an application may be filed with the Board within 45 days after the date on which notice of the application is published under subsection (c).

(e)The Board shall conclude evidentiary proceedings by the 240th day after the date on which notice of the application is published under subsection (c). The Board shall issue a final decision by the 180th day after the conclusion of the evidentiary proceedings. The Board may extend a time period under this subsection; except that the total of all such extensions with respect to any application shall not exceed 90 days.

(f)A carrier or corporation participating in or resulting from a transaction approved by the Board under this section, or exempted by the Board from the application of this section pursuant to section 13541, may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A carrier, corporation, or person participating in the approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction.

(g)This section shall not apply to transactions involving carriers whose aggregate gross operating revenues were not more than $2,000,000 during a period of 12 consecutive months ending not more than 6 months before the date of the agreement of the parties.

(h)When the Board approves and authorizes a transaction under this section in which a person not a carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 acquires control of at least 1 carrier subject to such jurisdiction, the person is subject, as a carrier, to the following provisions of this title that apply to the carrier being acquired by that person, to the extent specified by the Board: section 504(f), 14121–14123, 14901(a), and 14907.

(i)Pending determination of an application filed under this section, the Board may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the person proposing in the application to acquire those properties, when it appears that failure to do so may result in destruction of or injury to those properties or substantially interfere with their future usefulness in providing adequate and continuous service to the public. Transportation provided by a motor carrier under a grant of approval under this subsection is subject to this part.

(j)When cause exists, the Board may issue appropriate orders supplemental to an order made in a proceeding under this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11341, 11343, 11344, 11345a, 11348, 11349, and 11351 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.

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