
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: 49USC14302]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                          CHAPTER 143--FINANCE
 
Sec. 14302. Pooling and division of transportation or earnings

    (a) Approval Required.--A carrier providing transportation subject 
to jurisdiction under subchapter I of chapter 135 may not agree or 
combine with another such carrier to pool or divide traffic or services 
or any part of their earnings without the approval of the Board under 
this section.
    (b) Standards for Approval.--The Board may approve and authorize an 
agreement or combination between or among motor carriers of passengers, 
or between a motor carrier of passengers and a rail carrier of 
passengers if the carriers involved assent to the pooling or division 
and the Board finds that a pooling or division of traffic, services, or 
earnings--
        (1) will be in the interest of better service to the public or 
    of economy of operation; and
        (2) will not unreasonably restrain competition.

    (c) Procedure.--
        (1) Application.--Any motor carrier of property may apply to the 
    Board for approval of an agreement or combination with another such 
    carrier to pool or divide traffic or any services or any part of 
    their earnings by filing such agreement or combination with the 
    Board not less than 50 days before its effective date.
        (2) Determination of importance and restraint on competition.--
    Prior to the effective date of the agreement or combination, the 
    Board shall determine whether the agreement or combination is of 
    major transportation importance and whether there is substantial 
    likelihood that the agreement or combination will unduly restrain 
    competition. If the Board determines that neither of these 2 factors 
    exists, it shall, prior to such effective date and without a 
    hearing, approve and authorize the agreement or combination, under 
    such rules and regulations as the Board may issue, and for such 
    consideration between such carriers and upon such terms and 
    conditions as shall be found by the Board to be just and reasonable.
        (3) Hearing.--If the Board determines either that the agreement 
    or combination is of major transportation importance or that there 
    is substantial likelihood that the agreement or combination will 
    unduly restrain competition, the Board shall hold a hearing 
    concerning whether the agreement or combination will be in the 
    interest of better service to the public or of economy in operation 
    and whether it will unduly restrain competition and shall suspend 
    operation of such agreement or combination pending such hearing and 
    final decision thereon. After such hearing, the Board shall indicate 
    to what extent it finds that the agreement or combination will be in 
    the interest of better service to the public or of economy in 
    operation and will not unduly restrain competition and if assented 
    to by all the carriers involved, shall to that extent, approve and 
    authorize the agreement or combination, under such rules and 
    regulations as the Board may issue, and for such consideration 
    between such carriers and upon such terms and conditions as shall be 
    found by the Board to be just and reasonable.
        (4) Special rules for household goods carriers.--In the case of 
    an application for Board approval of an agreement or combination 
    between a motor carrier providing transportation of household goods 
    and its agents to pool or divide traffic or services or any part of 
    their earnings, such agreement or combination shall be presumed to 
    be in the interest of better service to the public and of economy in 
    operation and not to restrain competition unduly if the practices 
    proposed to be carried out under such agreement or combination are 
    the same as or similar to practices carried out under agreements and 
    combinations between motor carriers providing transportation of 
    household goods to pool or divide traffic or service of any part of 
    their earnings approved by the Interstate Commerce Commission before 
    January 1, 1996.
        (5) Streamlining and simplifying.--The Board shall streamline, 
    simplify, and expedite, to the maximum extent practicable, the 
    process (including any paperwork) for submission and approval of 
    applications under this section for agreements and combinations 
    between motor carriers providing transportation of household goods 
    and their agents.

    (d) Conditions.--The Board may impose conditions governing the 
pooling or division and may approve and authorize payment of a 
reasonable consideration between the carriers.
    (e) Initiation of Proceeding.--The Board may begin a proceeding 
under this section on its own initiative or on application.
    (f) Effect of Approval.--A carrier may participate in an arrangement 
approved by or exempted by the Board under this section without the 
approval of any other Federal, State, or municipal body. A carrier 
participating in an approved or exempted arrangement is exempt from the 
antitrust laws and from all other law, including State and municipal 
law, as necessary to let that person carry out the arrangement.
    (g) Continuation of Existing Agreements.--Any agreements in 
operation under the provisions of this title on January 1, 1996, that 
are succeeded by this section shall remain in effect until further order 
of the Board.
    (h) Definitions.--In this section, the following definitions apply:
        (1) Household goods.--The term ``household goods'' has the 
    meaning such term had under section 10102(11) of this title, as in 
    effect on December 31, 1995.
        (2) Transportation.--The term ``transportation'' means 
    transportation that would be subject to the jurisdiction of the 
    Interstate Commerce Commission under subchapter II of chapter 105 of 
    this title, as in effect on December 31, 1995, if such subchapter 
    were still in effect.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 895; 
amended Pub. L. 104-287, Sec. 5(37), Oct. 11, 1996, 110 Stat. 3392.)


                      Historical and Revision Notes

                   Pub. L. 104-287, Sec. 5(37)(A), (B)

    This sets out the effective date of 49:14302.


                   Pub. L. 104-287, Sec. 5(37)(C), (D)

    This amends 49:14302(h)(1) and (2) for clarity and consistency.

                       References in Text

    The antitrust laws, referred to in subsec. (f), are classified 
generally to section 1 et seq. of Title 15, Commerce and Trade.
    Section 10102(11) of this title, referred to in subsec. (h)(1), was 
omitted and a new section 10102 enacted in the general amendment of this 
subtitle by Pub. L. 104-88, title I, Sec. 102(a), Dec. 20, 1995, 109 
Stat. 804, 806, effective Jan. 1, 1996.
    Subchapter II of chapter 105 of this title, referred to in subsec. 
(h)(2), was omitted in the general amendment of this subtitle by Pub. L. 
104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, effective 
Jan. 1, 1996.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 11341 and 11342 of this title prior to the general amendment of 
this subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1996--Subsec. (c)(4). Pub. L. 104-287, Sec. 5(37)(A), substituted 
``January 1, 1996'' for ``the effective date of this section''.
    Subsec. (g). Pub. L. 104-287, Sec. 5(37)(B), substituted ``January 
1, 1996,'' for ``the effective date of this section''.
    Subsec. (h)(1). Pub. L. 104-287, Sec. 5(37)(C), substituted 
``December 31, 1995'' for ``the day before the effective date of this 
section''.
    Subsec. (h)(2). Pub. L. 104-287, Sec. 5(37)(D), substituted 
``December 31, 1995'' for ``the day before such effective date''.

               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 13541, 24305 of this title.
