Page:United States Statutes at Large Volume 92 Part 2.djvu/133

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-473—OCT. 17, 1978 certificate, permit, or license of the holder, and the holder willfully does not comply with the order. (2) Except on application of the holder, the Commission may suspend, amend, or revoke a certificate or permit of a water carrier only after the Commission has issued an order to the holder under section 11701 of this title requiring compliance with section 10701(a) or 11101(a) of this title, and the holder willfully does not comply with the order. (3) The Commission may act under paragraph (1) or (2) of this subsection only after giving the holder of the certificate, permit, or license at least 30 days to comply with the order. (d)(1) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission may suspend a certificate of a motor carrier, a permit of a freight forwarder, or a license of a broker— (A) if a motor carrier or broker, for failure to comply with section 10701, 10702, 10761, 10762, 10924(d), or 10927 (b) or (d) of this title, or an order or regulation of the Commission prescribed under those sections; and (B) if a freight forwarder, for failure to comply with section 10762 or 10927 (c) or (d) of this title, or an order or regulation of the Commission prescribed under those sections. (2) The Commission may suspend the certificate, permit, or license only after it gives notice of the suspension to the holder at least 15 days before the date the suspension is to begin. The suspension remains in effect until the holder complies with those applicable sections. § 10926. Transfers of certificates and permits Except as provided in this subtitle, a certificate or permit issued under section 10922 or 10923 of this title— (1) if a certificate or permit of a motor carrier, may be transferred under regulations of the Interstate Commerce Commission; (2) if a certificate or permit of a water carrier, may be transferred under regulations prescribed by the Commission to protect the public interest and to ensure compliance with this subtitle; and (3) if a permit of a freight forwarder, may be transferred under regulations prescribed by the Commission to ensure compliance with this subtitle, if the Commission finds that the person to whom the permit is to be transferred satisfies section 10923(a) and (b) of this title. However, if the proposed transfer would affect the interests of employees of a freight forwarder, the Commission shall require a fair and equitable arrangement to protect the interests of those employees before the transfer is effective. § 10927. Security of motor carriers, brokers, and freight forwarders (a)(1) The Interstate Commerce Commission may issue a certificate or permit to a motor carrier under section 10922 or 10923 of this title only if the carrier files with the Commission a bond, insurance policy, or other type of security approved by the Commission. The security nmst be sufficient to pay, not more than the amount of the security, for each final judgment against the carrier for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate or permit, or for loss or damage to property (except property referred to in

92 STAT. 1413

Post, p. 1449. Ante, p. 1371.

Ante, p. 1345. 5 USC 551.

Ante, pp. 1371, 1^12, 1394.

49 USC 10926.

49 USC 10927. i x- pS'j «