H.R. 1077 (103rd): Private Motor Carrier Equity Act

103rd Congress, 1993–1994. Text as of Feb 23, 1993 (Introduced).

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HR 1077 IH

103d CONGRESS

1st Session

H. R. 1077

To amend title 49, United States Code, relating to deregulation of intrastate trucking.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Mr. PETE GEREN of Texas (for himself, Mr. CLINGER, Mr. EMERSON, Mr. HASTERT, and Mr. PARKER) introduced the following bill; which was referred to the Committee on Public Works and Transportation


A BILL

To amend title 49, United States Code, relating to deregulation of intrastate trucking.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Private Motor Carrier Equity Act’.

SEC. 2. COMPENSATED INTERCORPORATE TRANSPORTATION.

    Section 10524 of title 49, United States Code, is amended by adding at the end the following new subsection:

    ‘(d) PREEMPTION WITH RESPECT TO COMPENSATED INTERCORPORATE TRANSPORTATION- No State or political subdivision thereof, and no agency or organization 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 interstate or intrastate rates, routes, or services of any carrier that operates in interstate commerce pursuant to Commission regulations promulgated with respect to subsections (a) through (c) of this section.’.

SEC. 3. SINGLE SOURCE LEASING OF MOTOR VEHICLES AND DRIVERS TO SHIPPERS.

    Section 10524 of title 49, United States Code, is further amended by adding at the end the following new subsection:

    ‘(e) PREEMPTION WITH RESPECT TO SINGLE SOURCE LEASING- No State or political subdivision thereof, and no agency or organization 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 interstate or intrastate rates, routes, or services involving transportation by a motor vehicle and driver leased from a single source by a lessee that operates as a motor private carrier in interstate commerce when--

      ‘(1) the motor vehicle is exclusively committed to the lessee’s use for the term of the lease;

      ‘(2) the lessee has exclusive dominion and control over the transportation service conducted by it during the term of the lease;

      ‘(3) the lessee maintains public liability and property damage insurance or otherwise accepts responsibility to the public for any injury or damage caused in the course of performing the transportation service during the term of the lease;

      ‘(4) the lessee accepts responsibility for, and bears the cost of, compliance with all applicable safety regulations; and

      ‘(5) the lessee bears the risk of damage to the cargo.’.

SEC. 4. TRIP LEASING OF MOTOR VEHICLES AND DRIVERS FROM MOTOR PRIVATE CARRIERS.

    Section 10524 of title 49, United States Code, is further amended by adding at the end the following new subsection:

    ‘(f) PREEMPTION WITH RESPECT TO LEASING FROM MOTOR PRIVATE CARRIERS- No State or political subdivision thereof, and no agency or organization of 2 or mores States, shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to the leasing of motor vehicles (with or without drivers) from a motor private carrier that operates in interstate commerce to the extent that such law, rule, regulation, standard, or other provision is in addition to or more stringent than the requirements for such lease transactions as established by the Commission.’.

SEC. 5. MOTOR PRIVATE CARRIERS SEEKING OPERATING AUTHORITY.

    Section 10524 of title 49, United States Code, is further amended by adding at the end the following new subsection:

    ‘(g) PREEMPTION WITH RESPECT TO MOTOR PRIVATE CARRIERS SEEKING OPERATING AUTHORITY- No State or political subdivision thereof, and no agency or organization of 2 or more States, shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that subjects a motor private carrier that operates in interstate commerce and that seeks to obtain a motor common carrier certificate or a motor contract carrier permit to provide intrastate transportation of property to requirements or criteria that are not applied to a transportation business seeking the same type of authority to operate as a motor common or motor contract carrier.’.

SEC. 6. DEDICATED CONTRACT CARRIAGE.

    (a) IN GENERAL- Subchapter II of chapter 105 of title 49, United States Code, is amended by inserting after section 10525 the following new section:

‘Sec. 10525a. Dedicated contract carriage

    ‘(a) DEDICATED CONTRACT CARRIER DEFINED- For purposes of this section, ‘dedicated contract carrier’ means a motor contract carrier that provides in interstate commerce a service for one or more shippers, except an individual shipping household goods containing the following elements:

      ‘(1) Assigning motor vehicles for a continuing period of time for the exclusive use of a contracting shipper.

      ‘(2) Assigning personnel to perform driving, loading unloading and related services for the exclusive use of a contracting shipper.

      ‘(3) Assigning management personnel, with offices at the contracting shipper’s facility, to provide operations and safety management services for the exclusive use of the contracting shipper.

    ‘(b) PREEMPTION- No State or political subdivision thereof, and no agency or organization 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 the interstate or intrastate rates, routes, or services of any dedicated contract carrier having authority under this subchapter.

    ‘(c) LIMITATION- Nothing in subsection (b) of this section shall prohibit a State or political subdivision thereof, or agency or organization of 2 or more States, from enacting or enforcing requirements on dedicated contract carriers related to the safety of operations and minimum amounts of financial responsibility.’.

    (b) CONFORMING AMENDMENT- The analysis for such chapter 105 is amended by inserting after the item relating to section 10525 the following new item:

      ‘10525a. Dedicated contract carriage.’.