Page:United States Statutes at Large Volume 54 Part 1.djvu/959

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54 STAT.] 76TH CONG. , 3D SESS.-CtH 722-SEPT. 18, 1940 regulations, and practices relating thereto, the Commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carriers; to the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable such carriers, under honest, economical, and efficient management, to provide such service." (e) The proviso in subsection (b) of section 217 of the Interstate Commerce Act, as amended, is amended by striking out "22 (1)" and inserting in lieu thereof "22". AMENDMENTS TO SECTION 218 SEC. 23. (a) Subsection (a) of section 218 of the Interstate Com- merce Act, as amended, is amended- (1) by striking out the first sentence thereof (which relates to the duty of contract carriers by motor vehicle to file schedules and contracts including minimum rates, etc.) and substituting in lieu thereof two new sentences as follows: "It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property or in connection therewith, and to establish and observe reasonable regulations and practices to be applied in connection with said reasonable minimum rates, fares, and charges. It shall be the duty of every contract carrier by motor vehicle to file with the Commission, publish, and keep open for public inspection, in the form and manner prescribed by the Commission, schedules con- taining the minimum rates or charges of such carrier actually maintained and charged for the transportation of passengers or property in interstate or foreign commerce, and any rule, regula- tion, or practice affecting such rates or charges and the value of the service thereunder." (2) by striking out, in the third sentence thereof, the words "or copies of contracts". (b) Subsection (b) of such section 218 (which relates to the Commis- sion's authority to prescribe minimum charges of contract carriers by motor vehicle), is amended to read as follows: " (b) Whenever, after hearing, upon complaint or upon its own initia- tive, the Commission finds that any minimum rate or charge of any con- tract carrier by motor vehicle, or any rule, regulation, or practice of any such carrier affecting such minimum rate or charge, or the value of the service thereunder, for the transportation of passengers or property or in connection therewith, contravenes the national transportation policy declared in this Act, or is in contravention of any provision of this part, the Commission may prescribe such just and reasonable minimum rate or charge, or such rue, regulation, or practice as in its judgment may be necessary or desirable m the public interest and to promote such policy and will not be in contravention of any provision of this part. Such minimum rate or charge, or such rule, regulation, or practice, so prescribed by the Commission, shall give no advantage or preference to any such carrier in competition with any common carrier by motor vehicle subject to this part, which the Commission may find to be undue or inconsistent with the public interest and the national transporta- tion policy declared in this Act, and the Commission shall give due consideration to the cost of the services rendered by such carriers, and to the effect of such minimum rate or charge, or such rule, regulation, or practice, upon the movement of traffic by such carriers. All com- 925 49 Stat. 561 . 49 U.S . C., Supp.V, 317 (b). 49 Stat. 561. 49 U.S . C., Supp.V, § 318 (a). Schedules and con- tracts. 49 Stat. 62 . 49U. . C., Supp.V, 1 318 (b). Revision of mini- mum rates. Undue preference Complaints.