Page:United States Statutes at Large Volume 54 Part 1.djvu/954

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 49 Stat. 543 . 49 U. S. C., Supp.V, §302. Amendments. Inapplicable provi- sions. Ante, p. 899; post, p. 929. AMENDMENTS TO SECTION 202 SEC. 17. (a) Section 202 of the Interstate Commerce Act, as amended (which relates to the scope of the application of part II), is amended- (1) by striking out the heading thereof, "DECLARATION OF POLIOY AND DELEGATION OF JURISDICTION , and inserting in lieu thereof a new heading as follows: "APPLICATION OF PROVISIONS"; and (2) by repeaTing subsection (a) of such section, by striking out "(b)" and inserting in lieu thereof "(a)", and by striking out "(c)" and inserting in lieu thereof "(b) ". (b) Such section 202 is amended by adding at the end thereof a new subsection as follows: "(c) Notwithstanding any provision of this section or of section 203, the provisions of this part shall not apply- "(1) to transportation by motor vehicle by a carrier by railroad subject to part I or by a water carrier subject to part III, incidental to transportation subject to such parts, in the performance within terminal areas of transfer, collection, or delivery services; but such transportation shall be considered to be and shall be regu- lated as transportation subject to part I when performed by such carrier by railroad, and transportation subject to part III when performed by such water carrier. "(2) to transportation by motor vehicle by any person (whether as agent or under a contractual arrangement) for a common carrier by railroad subject to part I, an express company subject to part I, a motor carrier subject to this part, or a water carrier subject to part Im, in the performance within terminal areas of transfer, collection, or delivery services; but such transportation shall be considered to be performed by such carrier or express company as part of, and shall be regulated in the same manner as, the transportation by railroad, express, motor vehicle, or water to which such services are incidental." AMENDMENTS TO SECTION 203 49 Stat. 544 . 49 U.8 . C ., Supp.V, 303 (a) (14). (15). Definitions. "Common carrier by motor vehicle." Ante, p. 899. "Contract carrier by motor vehicle." 49 tat. 544. 49U. . O .,Supp.V, s (a) (13). SEC. 18. (a) Paragraphs (14) and (15) of subsection (a) of section 203 of the Interstate Commerce Act, as amended, are amended to read as follows: "(14) The term 'common carrier by motor vehicle' means any person which holds itself out to the general public to engage in the transporta- tion by motor vehicle in interstate or foreign commerce of passengers or property or any class or classes thereof for compensation, whether over regular or irregular routes, except transportation by motor vehicle by an express company to the extent that such transportation has hereto- fore been subject to part I, to which extent such transportation shall continue to be considered to be and shall be regulated as transportation subject to part I. "(15) The term 'contract carrier by motor vehicle' means any person which, under individual contracts or agreements, engages in the trans- portation (other than transportation referred to in paragraph (14) and the exception therein) by motor vehicle of passengers or property in interstate or foreign commerce for compensation." (b) Section 203 of the Interstate Commerce Act, as amended, is further amended- (1) by striking out the period at the end of paragraph 13 of sub- section (a) and substituting in lieu thereof a comma and the following: "or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transporta- tion similar to street-railway service." 920 [54 STAT.