Page:United States Statutes at Large Volume 92 Part 2.djvu/139

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1419

Sec.

11143. Depreciation charges. 11144. Records: form; inspection; preservation. 11145. Reports by carriers, lessors, and associations.

SUBCHAPTER I—GENERAL REQUIREMENTS § 11101. Providing transportation and service (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide the transportation or service on reasonable request. In addition, a motor common carrier shall provide safe and adequate service, equipment, and facilities. (b) The Commission may prescribe requirements for continuous and adequate transportation and service provided by motor common carriers and freight forwarders subject to the jurisdiction of the Commission under subchapters II and IV of chapter 105 of this title and for transportation of baggage and express by such motor common carriers of passengers. (c) The Commission may not regulate the duration of, or the amount of compensation payable under, an arrangement between a motor carrier and another party to use, with a driver, a motor vehicle not owned by that carrier to transport property when— (1) the motor vehicle— (A) to be used is that of a farmer or a cooperative associai, tion or a federation of cooperative associations under section 10526(a)(4) or (5) of this title or a motor private carrier; (B) is used regularly in the transportation of (i) property referred to in section 10526(a)(6) of this title, or (ii) perishable products manufactured from perishable property referred to in that section; and (C) is to be used by the carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area where the motor vehicle is based; or (2) the motor vehicle to be used has completed a movement exempt under section 10526(a)(6) of this title and is next to be used by that carrier in a loaded movement in any direction or in a movement referred to in clause (1)(C) of this subsection, or both. § 11102. Classification of carriers The Interstate Commerce Commission may classify and maintain requirements for groups of carriers included in the terms "motor common carrier", "water common carrier", "motor contract carrier", or "water contract carrier" and for brokers, when required because of the special nature of the transportation provided by them. § 11103. Use of terminal facilities (a) The Interstate Commerce Commission may require terminal facilities,^ including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, to be used by another rail carrier if the Commission finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the carriers cannot agree, the

49 USC 11101. Ante, p. 1358.

Ante, pp. 1361, 1369.

Ante, p. 1364.

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49 USC 11102.

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49 USC 11103.

Ante, p. 1359.