Page:United States Statutes at Large Volume 54 Part 1.djvu/958

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 Textual changes. 49 Stat. 555 . 49 U.S . C., Supp.V , 312. 49 Stat. 555. 49 U.S . C., Supp.V, § 312 (b). Repeal. 49 Stat. 555. 49 U. S . C., Supp.V, §313. Issuance of securi- ties. 49 Stat. 557. 49 U.S .C., Supp.V . §314. Discriminations. 49 Stat. 558. 49U. S . C., Supp.V, § 316 (d). Proviso. Construction ofsub- section, restriction. Investigation of new rates; suspension. 49 Stat. 559. 49 U. S. C., Supp.V, § 316 (g). 52 Stat. 1240. 49U. S. C., Supp. V, §316 (g). 49 Stat. 660 . 49 U.. . C ., Snpp.V, 1316 (i). Rate-making policy. (c) Subsection (a) of section 212 of such Act, as amended (which relates to suspension, change, revocation, and transfer of certificates, permits, and licenses), is amended by striking out in the first proviso "section 204 (d)" and inserting in lieu thereof "section 204 (c)". (d) Subsection (b) of section 212 of such Act, as amended, is amended by striking out "section 213" and inserting in lieu thereof "section 5". (e) Section 213 of such Act, as amended (which relates to con- solidations, mergers, and acquisitions of control in case of motor carriers), is hereby repealed. AMENDMENTS TO SECTIONS 214, 216, AND 217 SEC. 22 . (a) Section 214 of the Interstate Commerce Act, as amended, is amended by striking out "entered under section 213 (a) (1)" and inserting in lieu thereof "of the Commission". (b) Subsection (d) of section 216 of such Act, as amended (which prohibits the giving of undue preferences or advantages by common carriers by motor vehicle), is amended to read as follows: "(d) All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in interstate or foreign commerce in the transportation of passengers or property as aforesaid or in connection therewith shall be just and reasonable, and every unjust and unreasonable charge for such service or any part thereof, is prohibited and declared to be unlawful. It shall be unlawful for any common carrier by motor vehicle engaged in inter- state or foreign commerce to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, region, district, territory, or description of traffic, in any respect whatsoever; or to subject any particular person, port, gateway, locality, region, district, territory, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever: Provided, however, That this subsection shall not be construed to apply to discriminations, prejudice, or disadvantage to the traffic of any other carrier of what- ever description." (c) Subsection (g) of such section 216 (which relates to investi- gations by the Commission as to lawfulness of proposed new rates involving common carriers by motor vehicle, and the suspension of such rates) is amended- (1) by inserting before the words "suspend the operation of such schedule", in the first sentence thereof, the words "from time to time". (2) by striking out in the first sentence thereof the words "for a period of ninety days and if the proceeding has not been concluded and a final order made within such period the Com- mission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than one hundred and eighty days" and substituting in lieu thereof the words "but not for a longer period than seven months". (3) by amending the second sentence in the proviso therein to read as follows: "At any hearing involving a change in a rate, fare, charge, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the carrier to show that the proposed changed rate, fare, charge, classification, rule, regula- tion, or practice is just and reasonable." (d) Subsection (i) of such section 216 (which contains the rule of rate making for part II), is amended to read as follows: (i) In the exercise of its power to prescribe just and reasonable rates, fares, and charges for the transportation of passengers or property by common carriers by motor vehicle, and classifications, 924 [54 STAT.