Page:United States Statutes at Large Volume 54 Part 1.djvu/960

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 49 Stat. 562. 49 U. S . C., Supp.V, 318 (c). Modifications of schedules. Hearing. Temporary suspen- sion. Proso. Exception. 49 Stat. 559. 49 U. S. C., Supp.V, 316 (g). Ante, p. 924. 49 Stat. 563. 49U.S.C., Supp.V, § 320. Authority of Com- mission. Filing of contracts, etc. Confidential treat- ment accorded. Proviso. Failure to conform to published shedule. Ante, p. 925. plaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath." (c) Subsection (c) of such section 218 (which relates to inquiries as to the lawfulness of reductions in charges of contract carriers by motor vehicle, and suspension of such charges) is amended to read as follows: "(c) Whenever there shall be filed with the Commission by any such contract carrier any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule, regulation, or practice, for the transportation of passengers or property in inter- state or foreign commerce, the Commission is hereby authorized and empowered upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge. or such rule, regulation, or practice, and pending such hearing and the decision thereon the Commission, by filing with such schedule and delivering to the carrier affected thereby a statement in writing of its reasons for such suspension, may from time to time suspend the operation of such schedule and defer the use of such charge, or such rule, regula- tion, or practice, but not for a longer period than seven months beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, regulation, or practice shall go into effect at the end of such period: Provided, That this paragraph shall not apply to any initial schedule or schedules filed on or before July 31, 1938, by any such carrier in bona fide operation when this section takes effect. The rule as to burden of proof specified in section 216 (g) shall apply to this paragraph." ACCOUNTS, RECORDS, AND REPORTS OF MOTOR CARRIERS SEC. 24. Section 220 of the Interstate Commerce Act, as amended, is amended to read as follows: "SEC. 220. (a) The Commission is hereby authorized to require annual, periodical, or special reports from all motor carriers, brokers, and lessors (as defined in this section), to prescribe the manner and form in which such reports shall be made, and to require from such carriers, brokers, and lessors specific and full, true, and correct answers to all questi upons which the Commission may deem information to be necessary. Such annual reports shall give n account of the affairs of the carrier, broker, or lessor in such form and detail as may be prescribed by the Commission. The oCommis- sion may also require any motor carrier or broker to file with it a true copy of any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to any traffic affected by the provisions of this part. The Commission shall not, however, make public any contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper, or any of the terms or conditions thereof, except as a part of the record in a formal proceeding where it considers such action consistent with the public interest: Provided,That if it appears from an examination of any such contract that it fails to conform to the published schedule of the contract carrier by motor vehicle as required by section 218 (a), the Commission may, in its discretion, make public such of the pro- visions of the contract as the Commission considers necessary to disclose such failure and the extent thereof. 926 [54 STAT.