
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13506]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 135--JURISDICTION
 
               SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION
 
Sec. 13506. Miscellaneous motor carrier transportation 
        exemptions
        
    (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
        (1) a motor vehicle transporting only school children and 
    teachers to or from school;
        (2) a motor vehicle providing taxicab service and having a 
    capacity of not more than 6 passengers and not operated on a regular 
    route or between specified places;
        (3) a motor vehicle owned or operated by or for a hotel and only 
    transporting hotel patrons between the hotel and the local station 
    of a carrier;
        (4) a motor vehicle controlled and operated by a farmer and 
    transporting--
            (A) the farmer's agricultural or horticultural commodities 
        and products; or
            (B) supplies to the farm of the farmer;

        (5) a motor vehicle controlled and operated by a cooperative 
    association (as defined by section 15(a) of the Agricultural 
    Marketing Act (12 U.S.C. 1141j(a))) or by a federation of 
    cooperative associations if the federation has no greater power or 
    purposes than a cooperative association, except that if the 
    cooperative association or federation provides transportation for 
    compensation between a place in a State and a place in another 
    State, or between a place in a State and another place in the same 
    State through another State--
            (A) for a nonmember that is not a farmer, cooperative 
        association, federation, or the United States Government, the 
        transportation (except for transportation otherwise exempt under 
        this subchapter)--
                (i) shall be limited to transportation incidental to the 
            primary transportation operation of the cooperative 
            association or federation and necessary for its effective 
            performance; and
                (ii) may not exceed in each fiscal year 25 percent of 
            the total transportation of the cooperative association or 
            federation between those places, measured by tonnage; and

            (B) the transportation for all nonmembers may not exceed in 
        each fiscal year, measured by tonnage, the total transportation 
        between those places for the cooperative association or 
        federation and its members during that fiscal year;

        (6) transportation by motor vehicle of--
            (A) ordinary livestock;
            (B) agricultural or horticultural commodities (other than 
        manufactured products thereof);
            (C) commodities listed as exempt in the Commodity List 
        incorporated in ruling numbered 107, March 19, 1958, Bureau of 
        Motor Carriers, Interstate Commerce Commission, other than 
        frozen fruits, frozen berries, frozen vegetables, cocoa beans, 
        coffee beans, tea, bananas, or hemp, or wool imported from a 
        foreign country, wool tops and noils, or wool waste (carded, 
        spun, woven, or knitted);
            (D) cooked or uncooked fish, whether breaded or not, or 
        frozen or fresh shellfish, or byproducts thereof not intended 
        for human consumption, other than fish or shellfish that have 
        been treated for preserving, such as canned, smoked, pickled, 
        spiced, corned, or kippered products; and
            (E) livestock and poultry feed and agricultural seeds and 
        plants, if such products (excluding products otherwise exempt 
        under this paragraph) are transported to a site of agricultural 
        production or to a business enterprise engaged in the sale to 
        agricultural producers of goods used in agricultural production;

        (7) a motor vehicle used only to distribute newspapers;
        (8)(A) transportation of passengers by motor vehicle incidental 
    to transportation by aircraft;
        (B) transportation of property (including baggage) by motor 
    vehicle as part of a continuous movement which, prior or subsequent 
    to such part of the continuous movement, has been or will be 
    transported by an air carrier or (to the extent so agreed by the 
    United States and approved by the Secretary) by a foreign air 
    carrier; or
        (C) transportation of property by motor vehicle in lieu of 
    transportation by aircraft because of adverse weather conditions or 
    mechanical failure of the aircraft or other causes due to 
    circumstances beyond the control of the carrier or shipper;
        (9) the operation of a motor vehicle in a national park or 
    national monument;
        (10) a motor vehicle carrying not more than 15 individuals in a 
    single, daily roundtrip to commute to and from work;
        (11) transportation of used pallets and used empty shipping 
    containers (including intermodal cargo containers), and other used 
    shipping devices (other than containers or devices used in the 
    transportation of motor vehicles or parts of motor vehicles);
        (12) transportation of natural, crushed, vesicular rock to be 
    used for decorative purposes;
        (13) transportation of wood chips;
        (14) brokers for motor carriers of passengers, except as 
    provided in section 13904(d); or
        (15) transportation of broken, crushed, or powdered glass.

    (b) Exempt Unless Otherwise Necessary.--Except to the extent the 
Secretary or Board, as applicable, finds it necessary to exercise 
jurisdiction to carry out the transportation policy of section 13101, 
neither the Secretary nor the Board has jurisdiction under this part 
over--
        (1) transportation provided entirely in a municipality, in 
    contiguous municipalities, or in a zone that is adjacent to, and 
    commercially a part of, the municipality or municipalities, except--
            (A) when the transportation is under common control, 
        management, or arrangement for a continuous carriage or shipment 
        to or from a place outside the municipality, municipalities, or 
        zone; or
            (B) that in transporting passengers over a route between a 
        place in a State and a place in another State, or between a 
        place in a State and another place in the same State through 
        another State, the transportation is exempt from jurisdiction 
        under this part only if the motor carrier operating the motor 
        vehicle also is lawfully providing intrastate transportation of 
        passengers over the entire route under the laws of each State 
        through which the route runs;

        (2) transportation by motor vehicle provided casually, 
    occasionally, or reciprocally but not as a regular occupation or 
    business, except when a broker or other person sells or offers for 
    sale passenger transportation provided by a person authorized to 
    transport passengers by motor vehicle under an application pending, 
    or registration issued, under this part; or
        (3) the emergency towing of an accidentally wrecked or disabled 
    motor vehicle.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 861; 
amended Pub. L. 105-102, Sec. 2(8), Nov. 20, 1997, 111 Stat. 2204.)


                      Historical and Revision Notes

                             Pub. L. 105-102

    This amends 49:13506(a)(5) to correct a grammatical error.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10526 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1997--Subsec. (a)(5). Pub. L. 105-102 substituted ``1141j(a)))'' for 
``1141j(a))''.

               Abolition of Interstate Commerce Commission

    Interstate Commerce Commission abolished by section 101 of Pub. L. 
104-88, set out as a note under section 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 13507, 13508, 13908 of this 
title.
