§14501 — Title 49 Transportation | U.S. Code

Summary

Federal rules stop states and local governments from making their own laws that control how interstate motor carriers run passenger or freight services. States may not set schedules, force changes in routes, limit the authority to run charter bus service, or control prices and routes for brokers and freight forwarders. One rule allows states to require up to 30 days’ notice for schedule changes. Several safety and road rules still belong to the states: they can enforce vehicle safety, set highway route limits based on size, weight, or hazardous cargo, and require insurance or self‑insurance. The State of Hawaii is mostly exempt from some of these federal limits. States also cannot set rules about prices, routes, or services for property haulers, with a few exceptions. States may keep uniform cargo paperwork and liability rules that are no tougher than federal rules and that apply only when a carrier asks. States can regulate intrastate household goods and tow‑away operations done without the vehicle owner’s consent (and may require written owner authorization or the owner’s presence). For pre‑arranged interstate ground transportation, states cannot charge extra licenses or fees if the carrier meets federal registration and state vehicle rules and is operating under an interstate contract. Taxicabs are not covered, terminals may give special access deals, and states may require nondiscriminatory pre‑licensing drug or background checks.

Title 49, §14501

Transportation — Source: USLM XML via OLRC

(a)(1)No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to—

(A)scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by a motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route;

(B)the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required; or

(C)the authority to provide intrastate or interstate charter bus transportation.

(2)Paragraph (1) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle, or the authority of a State to regulate carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization.

(b)(1)Subject to paragraph (2) of this subsection, no State or political subdivision thereof and no intrastate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to intrastate rates, intrastate routes, or intrastate services of any freight forwarder or broker.

(2)Nothing in this subsection and the amendments made by the Surface Freight Forwarder Deregulation Act of 1986 shall be construed to affect the authority of the State of Hawaii to continue to regulate a motor carrier operating within the State of Hawaii.

(c)(1)Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713(b)(4)) or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.

(2)Paragraph (1)—

(A)shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;

(B)does not apply to the intrastate transportation of household goods; and

(C)does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the regulation of tow truck operations performed without the prior consent or authorization of the owner or operator of the motor vehicle.

(3)(A)Paragraph (1) shall not affect any authority of a State, political subdivision of a State, or political authority of 2 or more States to enact or enforce a law, regulation, or other provision, with respect to the intrastate transportation of property by motor carriers, related to—

(i)uniform cargo liability rules,

(ii)uniform bills of lading or receipts for property being transported,

(iii)uniform cargo credit rules,

(iv)antitrust immunity for joint line rates or routes, classifications, mileage guides, and pooling, or

(v)antitrust immunity for agent-van line operations (as set forth in section 13907),

(B)A law, regulation, or provision of a State, political subdivision, or political authority meets the requirements of this subparagraph if—

(i)the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this part or a regulation issued by the Secretary or the Board under this part; and

(ii)the law, regulation, or provision only applies to a carrier upon request of such carrier.

(C)Notwithstanding any other provision of law, a carrier affiliated with a direct air carrier through common controlling ownership may elect to be subject to a law, regulation, or provision of a State, political subdivision, or political authority under this paragraph.

(4)This subsection shall not apply with respect to the State of Hawaii.

(5)Nothing in this section shall be construed to prevent a State from requiring that, in the case of a motor vehicle to be towed from private property without the consent of the owner or operator of the vehicle, the person towing the vehicle have prior written authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is towed from the property, or both.

(d)(1)No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service if the motor carrier providing such service—

(A)meets all applicable registration requirements under chapter 139 for the interstate transportation of passengers;

(B)meets all applicable vehicle and intrastate passenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and

(C)is providing such service pursuant to a contract for—

(i)transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or

(ii)transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State.

(2)In this section, the term “intermediate stop”, with respect to transportation by a motor carrier, means a pause in the transportation in order for one or more passengers to engage in personal or business activity, but only if the driver providing the transportation to such passenger or passengers does not, before resuming the transportation of such passenger (or at least 1 of such passengers), provide transportation to any other person not included among the passengers being transported when the pause began.

(3)Nothing in this subsection shall be construed—

(A)as subjecting taxicab service to regulation under chapter 135 or section 31138;

(B)as prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; and

(C)as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the State in which the operator is domiciled, by the State or political subdivision by which the operator is licensed to provide such service, or by the motor carrier providing such service, as a condition of providing such service.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Surface Freight Forwarder Deregulation Act of 1986, referred to in subsec. (b)(2), is Pub. L. 99–521, Oct. 22, 1986, 100 Stat. 2993. For complete classification of this Act to the Code, see

Short Title

of 1986 Amendment note set out under section 10101 of this title and Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 11501 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

2015—Subsec. (c)(2)(C). Pub. L. 114–94 substituted “the regulation of tow truck operations” for “the price of for-hire motor vehicle transportation by a tow truck, if such transportation is”. 2005—Subsec. (c)(2)(B). Pub. L. 109–59, § 4206(a), inserted “intrastate” before “transportation”. Subsec. (c)(5). Pub. L. 109–59, § 4105(a), added par. (5). 2002—Subsec. (d). Pub. L. 107–298 added subsec. (d). 1998—Subsec. (a). Pub. L. 105–178 reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route or relating to the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required. This subsection shall not apply to intrastate commuter bus operations.” Subsec. (a)(1). Pub. L. 105–277 substituted “operations, or to intrastate bus transportation of any nature in the State of Hawaii” for “operations” in concluding provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

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.

§14501 Federal Authority Over Intrastate Transportation

Summary

Title 49, §14501

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata