Page:United States Statutes at Large Volume 92 Part 2.djvu/134

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1414

PUBLIC LAW 95-473—OCT. 17, 1978

paragraph (3) of this subsection), or both. A certificate or permit remains in effect only as long as the carrier satisfies the requirements of this paragraph. (2) A motor carrier operating in the United States when providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country Ante, pp. 1351, shall comply with the requirements of sections 10329 and 10330 that 1352. apply to a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. To protect the public, the Commission may require any such motor carrier to file the type of security that a motor carrier is re•* • • > quired to file under paragraph (1) of this subsection. v^ .:' (3) The Commission may require a motor common carrier providing transportation under a certificate to file with the Commission a type of security sufficient to pay a shipper or consignee for damage to property of the shipper or consignee placed in the possession of the motor common carrier as the result of transportation provided '«6! under this subtitle. A carrier required by law to pay a shipper or con* signee for loss, damage, or default for which a connecting motor common carrier is responsible is subrogated, to the extent of the amount paid, to the rights of the shipper or consignee under any such security. (b) The Commission may issue a broker's license to a person under section 10924 of this title only if the person files with the Commission a bond, insurance policy, or other type of security approved by the Commission to ensure that the transportation for which a broker arranges is provided. The license remains in eff'ect only as long as the >,s.ii,.g.. broker complies with this subsection. (c)(1) The Commission may require a freight forwarder providing service under a permit issued under section 10923 of this title to file with the Commission a bond, insurance policy, or other type of security approved by the Commission. The security must be sufficient to pay, not more than the amount of the security, for each final judgment against the freight forwarder for bodily injury to, or death of, an individual, or loss of, or damage to, property (other than property referred to in paragraph (2) of this subsection), resulting from the negligent operation, maintenance, or use of motor vehicles by or under the direction and control of the freight forwarder when providing transfer, collection, or delivery service under this subtitle. (2) The Commission may require a freight forwarder providing service under a permit to file with the Commission a bond, insurance policy, or other type of security approved by the Commission sufficient to pay, not more than the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service under this subtitle. (d) The Commission may determine the type and amount of security filed with it under this section. 49 USC 10928. § 10928. Temporary authority for motor and water carriers Without regard to subchapter II of chapter 103 of this title and 5 USC 551. subchapter II of chapter 5 of title 5, the Interstate Commerce Commission may grant a motor carrier or water- carrier temporary authority to provide transportation to a place or in an area having, respectively, no motor carrier or water carrier capable of meeting the immediate needs of the place or area. Unless suspended or revoked, the Commission may grant the temporary authority foi- not more than 180 days. A grant of temporary authority does not establish a pre-