Page:United States Statutes at Large Volume 94 Part 1.djvu/860

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 810

PUBLIC LAW 96-296—JULY 1, 1980 WRITTEN CONTRACTS PERTAINING TO CERTAIN INTERSTATE MOVEMENTS BY MOTOR CARRIER

49 USC 10527.

Ante, p. 797.

Violation, penalty.

Minimum requirements.

SEC. 16. (a) Subchapter II of chapter 105 of title 49, United States Code, is amended by adding at the end thereof the following new section: §10527. Written contracts pertaining to certain interstate movements by motor vehicle "(a) Notwithstanding the provisions of section 10526(a)(6) of this subchapter, the Interstate Commerce Commission, in cooperation with the Secretary of Agriculture, shall, where appropriate, require by regulation the use of written contracts for the interstate movement by motor vehicle of property described in such section and for brokerage services to be provided in connection with the interstate movement of such property. "(b) A written contract between an owner or operator of a motor vehicle and a broker, shipper of property, or receiver of property which is required to be used by the Commission under this section shall specify the arrangements, including compensation, with respect to loading and unloading of the property transported under such contract. Whenever the shipper or receiver of the property transported under such contract requires that the operator of the vehicle load or unload any part of the property onto or from the vehicle contrary to any provision of such contract, the shipper or receiver shall compensate the owner or operator of the vehicle for all costs associated with loading or unloading that part of the property. Any person who knowingly violates the preceding sentence is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. "(c) The Commission shall prescribe, by regulation, the minimum requirements and conditions of written contracts required to be used under this section.". 0)) The analysis of subchapter II of chapter 105 of title 49, United States Code, is amended by adding at the end thereof the following: "10527. Written contracts pertaining to certain interstate movements by motor vehicle.".

Ante. p. 809. 49 USC 10527 note. Supra.

(c) Section 11702(a)(2) of title 49, United States Code, is amended by inserting "10527 or" before "10930". (d) The Interstate Commerce Commission and the Secretary of Agriculture may enter into agreements (including, but not limited to, memorandums of understanding) in carrying out the provisions of section 10527(a) of title 49, United States Code. MOTOR CARRIER BROKERS OF PROPERTY

Licenses. 49TJSC 10927.

SEC. 17. (a) Section 10924 of title 49, United States Code, is amended— (1) in subsection (a) by inserting "of passengers or household goods" after "transportation" the first place such term appears; and (2) by redesignating subsections (b), (c), and (d) (and any references thereto) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following new subsection: "(b) The Interstate Commerce Commission shall issue, subject to section 10927(b) of this title, a license to a person authorizing the