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To revise the definition of contract carrier by motor vehicle as set forth in section 203 (a) (15) of the Interstate Commerce Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Interstate Co Interstate Commerce Act, as amended, is amended as follows:

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(1) By changing paragraph (15) of section 203 (a) thereof (49 "Contract carU.S. C. 303 (a) (15)), to read as follows:

"(15) The term 'contract carrier by motor vehicle' means any person which engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce, for compensation (other than transportation referred to in paragraph (14) and the exception therein), under continuing contracts with one person or a limited number of persons either (a) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer."

(2) By adding to section 203 (49 U. S. C. 303), the following new subsection:

rier."
54 Stat. 920.

"(c) Except as provided in section 202 (c), section 203 (b), in the Certificate exception in section 203 (a) (14), and in the second proviso in section or permit. 206 (a) (1), no person shall engage in any for-hire transportation business by motor vehicle, in interstate or foreign commerce, on any public highway or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such person a certificate or a permit issued by the Commission authorizing such transportation."; and

(3) By adding to section 212 (49 U. S. C. 312), the following new subsection:

"(c) The Commission shall examine each outstanding permit and may within one hundred and eighty days after the date this subsection takes effect institute a proceeding either upon its own initiative, or upon application of a permit holder actually in operation or upon complaint of an interested party, and after notice and hearing revoke a permit and issue in lieu thereof a certificate of public convenience and necessity, if it finds, first, that any person holding a permit whose operations on the date this subsection takes effect do not conform with the definition of a contract carrier in section 203 (a) (15) as in force on and after the date this subsection takes effect; second, are those of a common carrier; and, third, are otherwise lawful. Such certificate so issued shall authorize the transportation, as a common carrier, of the same commodities between the same points or within the same territory as authorized in the permit."

SEC. 2. Part II of such Act is further amended (1) by inserting after the second sentence of section 209 (b) (49 U. S. C. 309 (b)) a 49 Stat. 552. new sentence to read as follows: "In determining whether issuance of a permit will be consistent with the public interest and the national transportation policy declared in this Act, the Commission shall consider the number of shippers to be served by the applicant, the nature of the service proposed, the effect which granting the permit would have upon the services of the protesting carriers and the effect which denying the permit would have upon the applicant and/or its shipper and the changing character of that shipper's requirements."; and (2) by changing the third sentence of section 209 (b) (49 U. S. C.

Terms, conditions, and limitations.

71 Stat. 412.

309 (b)) to read as follows: "The Commission shall specify in the
permit the business of the contract carrier covered thereby and the
scope thereof, and it shall attach to it at the time of issuance, and
from time to time thereafter, such reasonable terms, conditions, and
limitations, consistent with the character of the holder as a contract
carrier, including terms, conditions and limitations respecting the
person or persons and the number or class thereof for which the con-
tract carrier may perform transportation service, as may be necessary
to assure that the business is that of a contract carrier and within
the scope of the permit, and to carry out with respect to the operation
of such carrier the requirements established by the Commission under
section 204 (a) (2) and (6): Provided, That within the scope of the
permit and any terms, conditions or limitations attached thereto, the
carrier shall have the right to substitute or add to its equipment and
facilities as the development of its business may require: Provided
further, That no terms, conditions or limitations shall be imposed
in any permit issued on or before the effective date of this proviso
which shall restrict the right of the carrier to substitute similar con-
tracts within the scope of such permit; or to add contracts within the
scope of such permit unless upon investigation on its own motion or
petition of an interested carrier the Commission shall find that the
scope of the additional operations of the carrier is not confined to
those of a contract carrier as defined in section 203 (a) (15), as in
force on and after the effective date of this proviso."
Approved August 22, 1957.

Freight forwarder per

mits.

56 Stat. 291. 49 USC 1010.

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Amending section 410 of the Interstate Commerce Act, to change the requirements for obtaining a freight forwarder permit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of section 410 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(d) The Commission shall not deny authority to engage in the whole or any part of the proposed service covered by any application made under this section by a corporation controlled by, or under common control with, a common carrier subject to part I of this Act solely on the ground that such service will be in competition with the service subject to this part performed by any other freight forwarder or freight forwarders."

Approved August 28, 1957.

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To amend section 22 of the Interstate Commerce Act, as amended.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 22 of Interstate Comthe Interstate Commerce Act, as amended (49 U. S. C., sec. 22), is meroe Aot, amendamended as follows: ments. 24 Stat. 387.

(a) By inserting "(1)" immediately after "Sec. 22.".

(b) By inserting at the end of such section the following:

"(2) All quotations or tenders of rates, fares or charges under para- Quotations of graph (1) of this section for the transportation, storage, or handling rates for of property or the transportation of persons free or at reduced rates U.S. Governfor the United States Government, or any agency or department there- ment. of, including quotations or tenders for retroactive application whether negotiated or renegotiated after the services have been performed, shall be in writing or confirmed in writing and a copy or copies thereof shall be submitted to the Commission by the carrier or carriers offering such tenders or quotations in the manner specified by the Commission and only upon the submittal of such a quotation or tender made pursuant to an agreement approved by the Commission under section 5a of this Act shall the provisions of paragraph (9) of said section 5a 49 USC 5. apply, but said provisions shall continue to apply as to any agreement so approved by the Commission under which any such quotation or tender (a) was made prior to the effective date of this paragraph or (b) is hereafter made and for security reasons, as hereinafter provided, is not submitted to the Commission: Provided, That nothing in this paragraph shall affect any liability or cause of action which may have accrued prior to the date on which this paragraph takes effect. Submittal of such quotations or tenders to the Commission shall be made concurrently with submittal to the United States Government, or any agency or department thereof, for whose account the quotations or tenders are offered or for whom the proposed services are to be rendered. Such quotations or tenders shall be preserved by the Commission for public inspection. The provisions of this paragraph requiring submissions to the Commission shall not apply to any quotation or tender which, as indicated by the United States Government, or any agency or department thereof, to any carrier or carriers, involves information the disclosure of which would endanger the national security."

Approved August 31, 1957.

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To amend section 1716 of title 18, United States Code, so as to conform to the
Act of July 14, 1956 (70 Stat. 538-540).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1716 Title 18,U.S. of title 18, United States Code, as amended, is further amended by Code, amendment, striking out the words "two years" in the seventh paragraph, and by 69 Stat. 191, inserting in lieu thereof, the words "one year"; by striking out the words "ten years" in the eighth paragraph and by inserting in lieu thereof the words "twenty years"; and by adding a new paragraph to read as follows:

"Whoever is convicted of any crime prohibited by this section, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion, shall so order."

Approved September 2, 1957.

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To amend section 214 of the Interstate Commerce Act, as amended, to prevent the use of arbitrary stock par values to evade Interstate Commerce Commission Jurisdiction.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 214 of Interstate Com the Interstate Commerce Act, as amended (49 U. S. C. 314), is hereby merce Act, amendfurther amended by

(1) changing the proviso in the first sentence to read "Provided, however, That said provisions shall not apply to such carriers or corporations where the value of capital stock or principal amount of other securities to be issued, together with the value of capital stock and principal amount of other securities then outstanding, does not exceed $1,000,000, nor to the issuance of notes of a maturity of two years or less and aggregating not more than $200,000, which notes aggregating such amount including all outstanding obligations maturing in two years or less may be issued without reference to the percentage which said amounts bear to the total amount of outstanding securities”; and

ments.
49 Stat. 557.

(2) striking out that part of the second sentence which precedes the proviso and inserting in lieu thereof the following: "In the Capital stook. case of capital stock having no par value, the value thereof for Valuc. the purpose of this section shall be the fair market value as of the date of its issue; and in the case of capital stock having par value, the value for the purpose of this section shall be the fair market value as of the date of its issue, or the par value, whichever is the greater :".

Approved September 7, 1957.

85th Congress, S. 1386
April 11, 1958

AN ACT

72 Stat. 86. To authorize the Interstate Commerce Commission to prescribe rules, standards, and instructions for the installation, inspection, maintenance, and repair of power or train brakes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Power or Train Brakes Safety Appliance Act of

1958".

(b) Section 2 of the Safety Appliance Act of March 2, 1903 (32 Stat. 943, chapter 976, sec. 2; 45 U. S. C. 9), is amended (1) by changing the semicolon at the end of the third clause thereof to a period, (2) by striking the remaining language of the section, and (3) by adding at the end of that section the following new language: "One hundred and twenty days after the date of enactment of the Power or Train Brakes Safety Appliance Act of 1958, the Interstate Commerce Commission shall adopt and put into effect the rules, standards, and instructions of the Association of American Railroads, adopted in 1925 and revised in 1933, 1934, 1941, and 1953, with such revisions as may have been adopted prior to the enactment of such Act, for the installation, inspection, maintenance, and repair of all power or train brakes for common carriers engaged in interstate commerce by railroad. Such rules, standards, and instructions shall thereafter remain the rules, standards, and instructions for the installation, inspection, maintenance, and repair of all power or train brakes unless changed, after hearing, by order of the Interstate Commerce Commission: Provided, however, That such rules or standards or instructions or changes therein shall be promulgated solely for the purpose of achieving safety. The provisions and requirements of this section shall apply to all trains, locomotives, tenders, cars, and similar vehicles used, hauled, or permitted to be used or hauled, by any railroad engaged in interstate commerce. In the execution of this section, the Interstate Commerce Commission may utilize the services of the Association of American Railroads, and may avail itself of the advice and assistance of any department, commission, or board of the United States Government, and of State governments, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law. Failure to comply with any rule, regulation, or requirement promulgated by the Interstate Commerce Commission pursuant to the provisions of this section shall be subject to the like penalty as failure to comply with any requirement of this section."

Approved April 11, 1958.

Power or Train
Brakes Safety
Appliance Aot
of 1958.

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