54 STAT.] 7 6TH CONG. , 3D SESS.-CH. 722-SEPT. 18, 1940 (3) by striking out in the new subsection (a) thereof the words paragraph (a) of this section" in the first proviso and substitut- ing in lieu thereof the following: "section 17"; (4) by striking out in the new subsection (a) thereof the words "this section" in the third proviso, and substituting in lieu thereof the following: "section 17"; (5) by striking out in the new subsection (b) thereof the words "paragraph (a) of this section" in the second sentence and sub- stituting in lieu therof the following: "section 17". (d) The new subsection (b) of such section 205 (which relates to the creation, procedure, and powers of joint boards), is amended by inserting after the eighth sentence thereof a new sentence as follows: "The failure of a duly appointed member of a joint board to partic- ipate in any hearing on a matter referred to such joint board, after notice thereof, shall be considered to constitute, as to the matter referred, a waiver of action on the part of the State from which such member was appointed. (e) Subsection (a) of section 206 of such Act, as amended (which relates to the issuance of certificates to common carriers by motor vehicle), is amended by inserting after the words "during the season ordinarily covered by its operation", which appear in the first sentence of such subsection, the following: "and has so operated since that time". 923 Ante, p. 922. Ante, p. 922. Joint boards. Issuance of certifi- cates to common carriers by motor ve- hicle. 49 Stat. 551. 49 U.8.C., Supp.V, § 306 (a). AMENDMENTS TO SECTIONS 210, 210a, AND 212; REPEAL OF SECTION 213 SEO. 21. (a) Section 210 of the Interstate Commerce Act, as 49Stat. 54 . amended, is amended to read as follows: 43U.S .C., upp.V, "DUAL OPERATIONS "SEC. 210. Unless, for good cause shown, the Commission shall find, or shall have found, that both a certificate and a permit may be so held consistently with the public interest and with the national trans- portation policy declared in this Act- "(1) no person, or any person controlling, controlled by, or under common control with such person, shall hold a certificate as a common carrier authorizing operation for the transportation of property by motor vehicle over a route or within a territory, if such person, or any such controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same terri- tory; and "(2) no person, or any person controlling, controlled by, or under common control with such person, shall hold a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over a route or within a territory, if such person, or any such controlling person, controlled person, or person under common control, holds a certificate as a common carrier authorizing operation for the transportation of prop- erty by motor vehicle over the same route or within the same territory." (b) Subsection (b) of section 210a of such Act, as amended (which relates to temporary operation of motor carrier properties pending action on application for consolidation, merger, and so forth), is amended by striking out "as contemplated in section 213 (a) of this part,". Operations under certificate and permit. Temporaryoperation authority. 52 Stat. 1238 . 49 U.S. C. , Supp.V, § 310 (a).
�
