
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC14501]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 145--FEDERAL-STATE RELATIONS
 
Sec. 14501. Federal authority over intrastate transportation

    (a) Motor Carriers of Passengers.--
        (1) Limitation on state law.--No State or political subdivision 
    thereof and no interstate agency or other political agency of 2 or 
    more States shall enact or enforce any law, rule, regulation, 
    standard, or other provision having the force and effect of law 
    relating to--
            (A) scheduling of interstate or intrastate transportation 
        (including discontinuance or reduction in the level of service) 
        provided by a motor carrier of passengers subject to 
        jurisdiction under subchapter I of chapter 135 of this title on 
        an interstate route;
            (B) the implementation of any change in the rates for such 
        transportation or for any charter transportation except to the 
        extent that notice, not in excess of 30 days, of changes in 
        schedules may be required; or
            (C) the authority to provide intrastate or interstate 
        charter bus transportation.

    This paragraph shall not apply to intrastate commuter bus 
    operations, or to intrastate bus transportation of any nature in the 
    State of Hawaii.
        (2) Matters not covered.--Paragraph (1) shall not restrict the 
    safety regulatory authority of a State with respect to motor 
    vehicles, the authority of a State to impose highway route controls 
    or limitations based on the size or weight of the motor vehicle, or 
    the authority of a State to regulate carriers with regard to minimum 
    amounts of financial responsibility relating to insurance 
    requirements and self-insurance authorization.

    (b) Freight Forwarders and Brokers.--
        (1) General rule.--Subject to paragraph (2) of this subsection, 
    no State or political subdivision thereof and no intrastate agency 
    or other political agency of 2 or more States shall enact or enforce 
    any law, rule, regulation, standard, or other provision having the 
    force and effect of law relating to intrastate rates, intrastate 
    routes, or intrastate services of any freight forwarder or broker.
        (2) Continuation of hawaii's authority.--Nothing in this 
    subsection and the amendments made by the Surface Freight Forwarder 
    Deregulation Act of 1986 shall be construed to affect the authority 
    of the State of Hawaii to continue to regulate a motor carrier 
    operating within the State of Hawaii.

    (c) Motor Carriers of Property.--
        (1) General rule.--Except as provided in paragraphs (2) and (3), 
    a State, political subdivision of a State, or political authority of 
    2 or more States may not enact or enforce a law, regulation, or 
    other provision having the force and effect of law related to a 
    price, route, or service of any motor carrier (other than a carrier 
    affiliated with a direct air carrier covered by section 41713(b)(4)) 
    or any motor private carrier, broker, or freight forwarder with 
    respect to the transportation of property.
        (2) Matters not covered.--Paragraph (1)--
            (A) shall not restrict the safety regulatory authority of a 
        State with respect to motor vehicles, the authority of a State 
        to impose highway route controls or limitations based on the 
        size or weight of the motor vehicle or the hazardous nature of 
        the cargo, or the authority of a State to regulate motor 
        carriers with regard to minimum amounts of financial 
        responsibility relating to insurance requirements and self-
        insurance authorization;
            (B) does not apply to the transportation of household goods; 
        and
            (C) does not apply to the authority of a State or a 
        political subdivision of a State to enact or enforce a law, 
        regulation, or other provision relating to the price of for-hire 
        motor vehicle transportation by a tow truck, if such 
        transportation is performed without the prior consent or 
        authorization of the owner or operator of the motor vehicle.

        (3) State standard transportation practices.--
            (A) Continuation.--Paragraph (1) shall not affect any 
        authority of a State, political subdivision of a State, or 
        political authority of 2 or more States to enact or enforce a 
        law, regulation, or other provision, with respect to the 
        intrastate transportation of property by motor carriers, related 
        to--
                (i) uniform cargo liability rules,
                (ii) uniform bills of lading or receipts for property 
            being transported,
                (iii) uniform cargo credit rules,
                (iv) antitrust immunity for joint line rates or routes, 
            classifications, mileage guides, and pooling, or
                (v) antitrust immunity for agent-van line operations (as 
            set forth in section 13907),

        if such law, regulation, or provision meets the requirements of 
        subparagraph (B).
            (B) Requirements.--A law, regulation, or provision of a 
        State, political subdivision, or political authority meets the 
        requirements of this subparagraph if--
                (i) the law, regulation, or provision covers the same 
            subject matter as, and compliance with such law, regulation, 
            or provision is no more burdensome than compliance with, a 
            provision of this part or a regulation issued by the 
            Secretary or the Board under this part; and
                (ii) the law, regulation, or provision only applies to a 
            carrier upon request of such carrier.

            (C) Election.--Notwithstanding any other provision of law, a 
        carrier affiliated with a direct air carrier through common 
        controlling ownership may elect to be subject to a law, 
        regulation, or provision of a State, political subdivision, or 
        political authority under this paragraph.

        (4) Nonapplicability to hawaii.--This subsection shall not apply 
    with respect to the State of Hawaii.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 899; 
amended Pub. L. 105-178, title IV, Sec. 4016, June 9, 1998, 112 Stat. 
412; Pub. L. 105-277, div. C, title I, Sec. 106, Oct. 21, 1998, 112 
Stat. 2681-586.)

                       References in Text

    The Surface Freight Forwarder Deregulation Act of 1986, referred to 
in subsec. (b)(2), is Pub. L. 99-521, Oct. 22, 1986, 100 Stat. 2993. For 
complete classification of this Act to the Code, see Short Title of 1986 
Amendment note set out under section 10101 of this title and Tables.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11501 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178 reenacted heading without change 
and amended text of subsec. (a) generally. Prior to amendment, text read 
as follows: ``No State or political subdivision thereof and no 
interstate agency or other political agency of 2 or more States shall 
enact or enforce any law, rule, regulation, standard, or other provision 
having the force and effect of law relating to scheduling of interstate 
or intrastate transportation (including discontinuance or reduction in 
the level of service) provided by motor carrier of passengers subject to 
jurisdiction under subchapter I of chapter 135 of this title on an 
interstate route or relating to the implementation of any change in the 
rates for such transportation or for any charter transportation except 
to the extent that notice, not in excess of 30 days, of changes in 
schedules may be required. This subsection shall not apply to intrastate 
commuter bus operations.''
    Subsec. (a)(1). Pub. L. 105-277 substituted ``operations, or to 
intrastate bus transportation of any nature in the State of Hawaii'' for 
``operations'' in concluding provisions.


                             Effective Date

    Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. 
L. 104-88, see section 2 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 section 13902 of this title.
