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Full text of "The history and development of interstate bus transportation in Maryland."

SUMMARY 



Interstate bus transportation in Maryland began about 1915 f 
but until about 1922 did not amount to much more than small inters ity 
operations which crossed the state line to take in cities several miles 
outside of Maryland. 

The Maryland Public Service Commission exercised rigid 
control over all bus operations in Maryland and granted or refused 
permits to operate busses in interstate commerce during the early years 
of the development of interstate bus transportation. After tbe de- 
cision of the Geo. ¥. Bush & Sons case in 1923, the Commission changed 
its policy said granted permits for all interstate operations, but con- 
tinued to regulate the intrastate business which interstate operators 
could do* This is still the policy of the commission. 

The present interstate bus lines operating through Maryland 
are the results of numerous combinations of smaller bus lines which have 
been made by the individual bus operators through the years of develp- 
ment of the industry for the purpose of conducting larger scale oper- 
ations in the most efficient manner. This combining and incorporating 
of existing bus lines has been going on continually since the days of 
the first '♦jitney" operations. 

At the present date all interstate operations are under 
federal government control through the Interstate Commerce Commission. 
This was made possible through the passage of the Motor Carriers Act 
in 1935. 

An attempt is now being made to establish a "connercial 



SUMMARY — c ont i nued 



zone" between Maryland and Washington. If this is done, bus operations 
between 'Washington and points in nearby Maryland will be released from 
federal control. 



-1- 



SARIY HISTORY AND THE GENERAL DEVELOPMENT OF INTERSTATE 

BUS TRANSPORTATION 

Transportation by motor "bus dates essentially from the 7/orld 
Tar* Busses bad theretofore been in limited use in urban transit service 
but did not begin to make headway in this field in Maryland until 1915 
and 1916* During this early period there was practically no interstate 
bus transportation at all. 

The Baltimore Sun of May 2, 1915, mentions "big cars of 
30-to-40-passenger capacity that run regularly between Baltimore and 
Frederick" and also mentions a bus line from Baltimore to Washington. 
This bus line was probably one operated by The Baltimore & Washington 
Boulevard Motor Company, Incorporated, as by Order No. 2275, entered by 
the Maryland Public Service Commission on April loth, 1915, in Case No. 
920, this company was authorized to exercise its corporate franchise and 
to issue one hundred shares of capital stock of the par value of One 
Hundred Dollars per share. The proceedings of the case show that the 
company intended to operate passenger motor bus service between Baltimore 
and Washington, with local stops in Maryland* This operation is without 
doubt one of the earliest instances of interstate bus transportation in 
the state of Maryland, 1915 was before the time when permits authorizing 
specific operations over fixed routes were required from the Maryland 
Public Service Commission. The busses running between Baltimore and 
Frederick, while not interstate busses, show that the use of busses as 
a means of long distance passenger transportation was beginning to make 
headway in Maryland as early as 1915* 



A^ig car" was one "almost as big as an oldtime horse car". 



-2- 



Frior to 1922, practically all interstate bus operations 
in Maryland were merely outgrowths of intercity operations which, ex- 
tended several miles over the state line to connect some town in one 
of the adjoining states with nearby towns or cities in Maryland. 

The independent, small-scale operator pioneered a very 
large proportion of our present bus operations. With his own capital 
or with modest local financial support he bought and ran his bus. 
Many such enterprisers found the volume of traffic encouraging and 
the business profitable and expanded their scale of operations. As 

vehicles, highways, and servicing facilities were improved, it became 

over 
possible to render service,, longer distances, connecting cities and towns 

in nearby states with points in Maryland. 

The motor bus routes were operated at first by the indi- 
vidual owners who were also the drivers. Gradually competition for 
patronage became suicidal, and at the same time the public suffered 
because service was only furnished when and where it wo.. Id bring the 
quickest returns. In self protection the bus owners and drivers began 
to get together (about 1922) to eliminate unfair competition among them- 
selves and meet the needs of economio service in an economic maimer. 
Associations or pools were formed and after a time, incorporated. The 
corporation? gradually absorbed the individual operators of passenger 
busses. This uniting and tieing together of small buB lines operating 
over short routes from oity to city into single larger scale systems 
operating over greater distances is the basis of the interstate 
passenger- bus transportation system which exists today. 



THE HISTORY AND DEVELOPMENT OF 
INTERSTATE BUS TRANSPORTATION IN MARYLAND 



By Charles H. Pierce, Jri 

University of Maryland 

College of Engineering 

Class of 1938 



This thesis was written as a requirement for initiation 
into the Maryland Beta chapter of tau Beta Pi. 



-3- 



The Blue Ridge Lines, operated by the Blue Ridge Transportation 
Co* which has its central offices at Hagerstown, Md. . is a typical ex- 
ample of the development of the interstate bus industry in Maryland* The 
bus lines operated in Maryland toy the Blue Ridge Transportation Co* were 
nearly all purchased from local operators prior to 1925* No history has 
been kept by the conpany from which information regarding its develop- 
ment is readily obtainable, tout the principal lines acquired, according 
to the Blue Ridge Transportation Co*, are as follows: 



Frederick- Baltimore from •"• C. Hann 
Prederick-'Yashington from Mr. Lesoaleet 
Hagerstown- Baltimore from E* V* Hull 
Hagers town-Cumberland from E. V. Hull 
Hagers town-Mar tinstourg, ff« Va. from E. V* Bull 
Westminster-Baltimore from Restivo Bros. 
Hagers town-Hancook from John Town 
Hagers town-Clear spring - Mr. Blair 
Hagers town-A'aynes bo ro from Mr, Petre 
Frosttourg-Uniontown from Old Trails Line 



All of these operations were acquired prior to 1925 except 
the Old Trails Line which was taken over about 1927. 

The Blue Ridge Lines is the largest Interstate bus system 
operating through Maryland today which has its central offices in 
Maryland. The main line of the system traverses the backbone of the 
Blue Ridge Mountains, from whence the conpany name is derived* 

DEVELOPMENT OF BUS EQUIPMENT 

Pioneer operators used touring cars on their passenger 
transportation routes. As revenues began to increase and traffic 



_4_ 



possibilities became heavier, a vehicle which followed the model of 
of the streetcar, with seats running the long way of the bus, was first 
used. Transverse seats were soon introduced. By 1922 several companies 
were producing bus bodies with what is now the normal seating arrange- 
ment for mounting on truck chassis. The vehicles bad a high center of 
gravity and were slow, cumbersome, and noisy. 

The first bus with low center of gravity designed especially 
for passenger service was produced in 1923 but did not get into general 
use in Maryland until 1924. 

Between 1923 and 1926, manufactures of busses began to 
"dress up'* their busses and several unsuccessful attempts were made to 
equip passenger carriers with lavatories and bufi'ets. 

In 1926 the model now fan! liar, with one-piece body and 
frame, engines mounted under seats or floor, and the entire length of 
the frame utilized for passenger space, tos developed and came into 
general use for interstate operations. Light-weight, all-metal con- 
struction, which reduces operating costs, is a still more recent 
development, and improvement in the design of busses continues steadily* 

LASTS PASSED BY THE MARYLAND LEGISLATURE PERTINENT TO 
BUS OPERATION 

Prior to 1916, motor busses were operated under the same 
laws that governed private automobiles, and the fees paid by the owners 
and operators of motor busses were the same as those paid by the owners 
of motor vehicles that were used for pleasure or for business purposes. 



-5- 



Since 1916 f all fees and taxes charged by the state for 
the operation of interstate busses have been on a passenger- seat-mile 
basis* 

The first law passed by the Maryland legislature pertaining 
to bus operation was enacted in 1916 and required permits from the 
Public Service Commission for the operation of passenger motor busses. 
The following digest obtained from the Maryland Public Service Commission 
shows the legislation enacted by the State of Maryland pertaining to 
bus fees and taxes since 1916* 

The law requiring permits from the Commission 
for the operation of passenger motor busses was first 
enacted as Chapter 619 of the Acts of 1916* License 
fees payable to the Commissioner of Motor Vehicles were 
established on a seat mile basis* as follows t 

Class A - Vehicles weighing lees than 3,000 lbs*, 

1/20 cent per passenger seat mile. 
Class B - Vehicles weighing over 3,000 lbs. but 

less than 7,000 lbs., 1/13 cent per passenger 
seat mile. 
Class C - Vehicles weighing over 7,000 lbs., 1/14 

oent per passenger seat mile* 
By Chapter 199 of the Acts of 1918 the fees appli- 
cable to Classes B and C were changed to 1/15 cent and 1/6 
cent, respectively, per passenger seat mile. 

Chapter 401 of the Acts of 1922 increased the 
maximum weight limits for Classes B and C, as follows: 

Class B - Vehicles weighting over 3,000 lbs. but 



less than 7,000 lbs., if equipped with solid 
tires or 8,500 lbs., if equipped with 
pneumatic tires, 1/15 cent per passenger seat 
mile* 
Class - Vehicles weighting over 7,000 lbs., if 

equipped with solid tires, or 3,500 lbs*, if 
equipped with pneumatic tires, 1/6 cent per 
passenger seat mile. 
Chapter 291 of the Acts of 1924 changed the fees appli- 
cable to Classes B And 9 to 1/18 cent and 1/7 cent, res- 
pectively, per passenger seat mile, so that after the passage 
of Chapter 291 the following fees were applicable i 
Vehicles weighing less than 3,000 lbs., 1/20 
cent per passenger seat mile 

Vehicles weighing over 3,000 lbs., but less than 
7,000 lbs., if equipped with solid tires, or 8,500 
lbs., if equipped with pneumatic tires, 1/18 cent 
per passenger seat mile. 

Vehicles weighing over 7.000 lbs., if equipped 
with solid tires, or 8,500 lbs., if equipped with 
pneumatic tires, 1/7 cent per passenger seat mile. 

Chapter 620 of the Acts of 1927 eliminated the 
different classes and provided for a fee of 1/18 cent 
per passenger seat mile for all busses operating under 
permits Issued by the Commission. 



-7- 



In 1933 the General Assembly by Chapter 596 appli- 
cable to intrastate busses, and by Chapter 593, applicable 
to interstate busses, continued the fee of 1/18 cent per 
passenger seat mile but provided a flat annual fee of $4.00 
per passenger seat for busses operating exclusively on a 
route, one fixed terminus of which is within the corporate 
limits of any territory under the jurisdiction of the 
Federal Government or of any municipality of this State, 
and the other fixed terminus of said route Is not more 
than ten miles from the corporate limits of any such 
municipality or of any such territory, in lieu of the seat 
mile fee. At the recent session of the legislature an Aot 
was passed (chapter 194 of the Acts of 1937) which, when it 
becomes effective on June 1st, 1937, will extend to sixteen 
miles (instead of ten miles, as at present] the distance 
within which the annual fee of J4.00 per passenger seat 
applies. 

Between 1916 and 1922, the operation of jassenger busses 
in Maryland gradually became rather strictly regulated by the Public 
Service Commission through legislation passed by the state. Com- 
petition was not sanctioned either with other motor bus carriers or 
with traction lines* In cases where two bus lines traversed the seme 
highways or even paralleled existing rail lines, the transportation 
agency first holding the territory was the only one permitted to 
handle local traffic. Other lines were allowed sufferance only and 
could use such highways merely as means of passage from their own 



-8- 



exolusive territory to an objective terminal point. This regulation 
had reference to interstate busses as well as intrastate busses, since 
some interstate busses held the right to do intrastate business and 
other interstate busses were essentially intrastate carriers which 
crossed the state line only to make connections with nearby communities* 

The Commission refused consistently in 1922 to permit motor 
bus lines to enter the city of Baltimore except to points where the 
passengers could be transferred to the urban lines of the traction 
company* 

Since 1916 it has been required that the applications for 
permits to operate all busses in Maryland, including interstate carriers, 
be made on blanks showing the name of the owner, the fixed route, the 
service to be given, the rates of fare, the garage location, the chassis 
and body specifications of the vehicle, the seating capacity and the 
net weight of the bus. From 1916 to the present date, the only tax paid 
had been the one already mentioned which 1b based on the seating capacity, 
the net weight of the vehicle and the number of miles operated during the 
year» This tax is paid at the time the certificate of registration is 
obtained each year. 

The tax based on the weight of the bus and passenger-seat- 
mileage does not apply at the present time to any bus operating on a 
route one fixed terminus of which iB within the corporate limits of any 
territory under the jurisdiction of the federal government or of any 
municipality of the state of Maryland and the other fixed terminus of 
the route is not more than ten miles from the corporate limits of such 
a municipality or territory. For each such bus an annual fee of $4*W) 
per each passenger seat is charged and no other additional fees or 
taxes are charged* 



-9- 



All owners of busses are required to maintain sufficient 
reserve equipment to insure reasonable maintenance of schedules. 
Failure to keep bus equipment in proper physical condition to render 
safe, adequate, and proper service without being a menace to the 
safety of oooupanta or the general public is sufficient ground for the 
suspension or revocation of the operating permit. 

EARLY INTERSTATE BUS OPERATIONS IN MARYLAND 

The following list shows the extent of interstate bus 

operations in Maryland as of February 1, 1922: 

Alfred 0. Stiltz 
Newark, Delaware 

Operated 7 vehicles between "ewark, Del., and Elkton, 

Md. fyt made 7 round trips daily. Equipment consisted of one 

30-passenger bus and six 16-passenger busses. One way distance 

was 5 miles. 

Wm. 3. Loller 
Earlvile, Lid. 

Operated one 5-passenger touring car, between Earlville,Md, 

and Middletown, Del. One way distance was 13*5 miles. Made two 

trips every day except Sunday. 

Ultimate Sales and Service Co. 
Washington, D. C. 

Operated two 20-passenger busses between Edgewood, Md., and 

Georgia Avenue and Kennedy Street, Washington* One way distance 

was 9 miles. Made two trips per day. 

Tayraan Bus Line 
Washington, D. C. 

Operated two 24-passenger busses between Lothian, Md* and 



-10- 



8th and Pennsylvania Ave., Washington. One way distance 

was 26 miles* Made two round trips per day. 

Tidewater Lines 
Washington. D, G. 

Operated over two routes} Washington, D. C. to Brandywine, 

lid. (a distance of 19 miles) and Washington, D. C. to Waldorf, 

:.'d. , and Rockpoint, :.'d. (a distance of 55 miles). Equipment 

consisted of three 29-passenger busses and six 23-passenger 

busses. Made two round trips daily over each route. 

By February, 1922, arrangements were effected between 

the Gettysburg and Harrisburg Transportation Go. (of Pennsylvania) 

and the operators of a bus line between littletown, Md.» and Westminster, 

Md. , for a regular bus service between Baltimore and Gettysburg. 

It is seen from the above list that interstate bus operations 

in Maryland in 1922 were very small in number. No doubt one reason for 

this was the large annual licence fee required to operate a passenger 

bus in Maryland. A glance at the digest of fees charged for operating 

busses in Maryland from 1916 to the present time will show that in 1922 

the annual tax placed on an 8,000 lb. bus was 1/6 cent per passenger 

seat mile* At this rate the annual fee for an 8,000 lb. 25-passenger 

bus operating 100 miles per day in Maryland amounted to $1500 per 

year. The fee was .£10.00 in the District of Columbia and $64.00 in 

Delaware (plus local taxes). The large annual fee probably helped in 

a large measure to keep down interstate bus operation through Maryland 

during the early years of the developjw*»*" of the interstate bus 

industry. 



> 



-11- 



TE5 CASE OP GEO. W. BUSH & SONS CO. vs THE MARYLAND PUBLIC 

SERVICE COMMISSION* 

Prior to 1923, it was the policy of the Maryland Public 
Service Commission to regulate all motor carriers, including both 
trucks and busses, interstate and intrastate, and to issue or refuse 
to issue permits for operation in the state of Maryland as the 
Commission deemed best for the public good. 

Geo. W. Bush & Sons Co., for a period approximately 18 
months prior to the 10th of November, 1322, was operating a line of 
motor trucks in the transportation, for hire, of goods and merchandise 
and other property from points in Maryland to Wilmington and other 
points in Delaware, connecting with its line of steamboats upon the 
Delaware River. The company was notified, prior to the 10th of November, 
1922, by the Public Service Commission of Maryland, that it would be 
required to file an application with and obtain from the Commission 
permits before it could lawfully operate its trucks lines in Maryland 
over the routes upon which it was then operating. 

The Geo, W. Bush & Sons Co, filed the required application, 
with the request that the application be considered as asking for permits 
to operate in the state of Maryland in the doing of both an interstate 
and intrastate business, as well as an interstate business solely. 

Although Geo, 1U Bush & Sons Col. operated an interstate truck line 
and not a bus line, this case is important in that its decision altered 
the policy of the Public Service Commission with respect to interstate 
bus transportation. 



-12- 



This request was granted. 

On the 20th of February, 1923, the Commission refused the 
permits asked for and declared that T, the public welfare and convenience 
do not require the granting of the permits for which applications have 
been made by the Geo. W« Bush & Sons Co., but on the contrary the 
granting of such permits would be prejudicial to the welfare and con- 
venience of the public". The Commission also stated that the public 
highways over whioh the Geo* W. Bush & Sons Co. sought to operate had 
been built at the cost of many millions of dollars to the tax payers 
and that "roads and highways are subject to great damage and injury 
when used by very large motor vehicles, and the injury and damage is 
greater when large numbers of them are operated thereon; consequently, 
the number of them used for profit and gain in the transportation of 
freight or passengers should be restricted to the public need or con- 
venience and, when the number is in excess thereof, their use becomes 
prejudicial to the welfare and convenience of the public. 

Geo. V* Bush £ Sons, Go. took the matter to the Circuit 
Court for Baltimore City, where the decision of the Public Service 
Commission was upheld. This Judgement was upheld by the Court of 
Appeals of Maryland, and the case was carried to the Supreme Court of 
the United States where the Judgement of the Court of Appeals of Maryland 
was reversed, thus reversing the ruling of the Maryland Public Service 
Commission. 

Throughout the court proceedings, the plaintiff (Bush & Sons) 
claimed that, regardless of permit, it was entitled to use the high- 
ways as a common carrier in exclusively interstate commerce* 



-13- 



After the reversal of court opi onions to favor the Geo. 
W. Bush 4 Sons Co., it became the policy of the Maryland Public 
Service Commission to grant all requests for permits to do interstate 
transportation of passengers and freight* and to confine its regulation 
to intrastate transportation only. 

Since the Bush decision, the commission has granted some 
interstate bus companies the right to do intrastate business and has 
refused others this right, depending on the existing passenger trans- 
portation lines in the localities through which the bus company intends 
to operate. 

THE MOTOB CASHIER ACT OP 1935 

Mention has already been made in an early page of this 
thesis of the formation of association or pools of small bus lines 
and the subsequent corporation of these associations and their 
absorption of other small bus lines. This uniting of bus lines began 
about 1922. Until 1935, when the Interstate Commerce Commission took 
the interstate bus business under its wing with the passage of the 
Motor Carrier Act by the 74th Congress, there was no interstate 
regulation of busses. Bus franchises were the bestowal of the indi- 
vidual state. The major interstate bus companies, in order to 
standardize specifications pertaining to bus operation and to eliminate 
the irresponsible little fellow, sought interstate regulation by the 
I.O.C. and obtained it through the passage of the llotor Carrier Act 
of 1935. The following page oarries a copy of this act. It will be 
noted in glancing at the Act that each state still has the right to 

place taxes on interstate busses and to regulate the doing of intra- 
state commerce by interstate busses. 



-14- 



On the page of this thesis following the copy of the Motor 
Carrier Act Is a dipping from the Tifashington Evening Star regarding 
the establishment of a commercial zone "along the Maryland-District 
of Columbia line. Within this zone, common and contract bus operations, 
although actually interstate in character, would "be subject only to the 
safety and employe-hour-of-service provisions of the Motor Carrier Act, 
and would be exempt from the rate- fixing sections that apply to inter- 
state traffic generally. Similar zones are to be created in metropolitan 
districts throughout the country, where the ordinary commerce of a 
community cuts across a state line, and are intended to free what might 
be described as an intra terminal movement from broad Federal regulations, 

PRESENT INTERSTATE PASSENGER BUS LINES OPERATING UNDER 
PERMITS ISSUED BY THE MARYLAND PUBLIC SERVICE COMMISSION 

The following list, furnished by the Maryland Public Service 
Commission, is a complete list of interstate bus companies operating 

through Maryland at the present time: 

CO. Albright 
Ellerslie, Maryland 

Route: Maryland-Pennsylvania State Line at Ellerslie to 

Amcelle, via Cumberland. 11 miles one way, has 

5 buses. 
Restrictions: Cannot transport passengers locally in 

or between Cumberland and points south of 

Cumberland, 



-15- 



Blue and 7/hite Lines* Inc. 
1107 -11th Street 
Altoona, Pennsylvania 

Route: Cumberland to Maryland-Pennsylvania State Line, 

en route to Altoona, Pennsylvania. 6 miles one 

way. Has 5 buses. 

Restricted to interstate business. 

The Blue Ridge Transportation Company, 
Hagerstown, Maryland 

Routes: Baltimore to Maryland-Pennsylvania Line near 

Grants vl lie, via Frederick, Hagerstown and 

Cumberland. 174 miles one way* 

Frederick to Maryland-D.C* Line via U.S. Route 
Ho* 240* 41 miles one way* 

Maryland-West Virginia State Line near '.Villiamsport 
to Maryland-Pennsylvania State Line near ;.:iddleburg. 
13 miles one way. 

Hagerstown to Maryland-Pennsylvania State Line near 
Greencastle, Pennsylvania* 6 miles one way. 

Other operations wholly within the State of Maryland. 

Has 33 buses and operations are unrestricted* 

Clyde I. Brenner 

trading as Brenner Motor Company 
25 East Baltimore Street 
Hagerstown, Maryland 

Routes: Maryland-Pennsylvania State Line near Pen Mar to 

Maryland-Pennsylvania State Line near Highfield* 

2.1 miles one way. 



-16- 

Frederick to Maryland-Test Virginia State 
Line near Harpert Ferry. 20 Miles one way. 

Hagerstown to Maryland-Pennsylvania State Line 
i near Rock Forge. 9 miles one way. 

Other Operations wholly within the State of 

Maryland. 

Has 5 busses and operations are unrestricted 

Capital Transit Company 
36th and M Streets, N. W. 
Washington, D. C. 

Routes; Various operations from Maryland-D.C. Line to 

points in Maryland adjacent to the Distriot of 

Columbia. 

Laurel to Maryland-D. C. Line. 15.7 miles one way. 

Baltimore to Maryland-District of Columbia Line 

via Ellecott City and Clarksville. 41 miles one 

way. 

Has 85 busses. 

Restrictions: Cannot carry local passengers between 

Baltimore and a point one- half mile from the 

intersection of Columbia Pike and Frederick Road. 

Capitol Greyhound Lines 
630 Walnut Street 
Cincinnati, Ohio 

Route: Maryland-Test Virginia State Line near Brooks ide to 

Maryland-West Virginia State Line near Sormania, West 

Virginia, Via U.S. Route No* 50. 8 miles one way. 



-17- 



Has 7 busses and operation is unrestricted. 

Prank Dodaro 

101 Second Street 

Oakland, Md, 

Route: Mary Ian d-West Virginia State Line near Hut ton, 

West Virginia to Mountain Lake Park via Oakland, 
3 miles one way. 

Has 2 trusses and operation is unrestricted. 

The East Broad Top Transit Co. 

Rockhill Furnace, Pa. 

Routes Hagerstown to Maryland-Pa. State Line via U. S. 

Route No. 11. 5.6 miles one way. 
Has 4 busses and operation is restricted to interstate 

business. 

Eastern Shore Transit Co., Inc. 
Accomac, Va. 

Route: Maryland- Va. State Line to Salisbury via Pocomoke 

city and Princess Anne. 20 miles one way. 

Has 2 busses and operation is unrestricted* 

Franklin-Cumberland Transit, Co* 
Franklin, West Virginia 

Routej Cumberland to Maryland-West Virginia State Line 
near Ridgeley, West Virginia. 2.5 miles one way. 

Has 1 tons and operation is restricted to interstate 

business* 

Conda G. Lasbley 

trading as The L. and A. Bus Lines 

10 N. George Street 

Cumberland, Md. 

Routes: Cumberland to Maryland-West Virginia State Line 



-18- 

near Bledmot, West Virginia, via U.S. Route No. 
220 and Westeraport. 26 miles one way. 

Cumberland to Maryland- Vest Virginia State Line 
near Paw Paw, 'Vest Virginia. 25 miles one way. 

Maryland-Pennsylvania State Line to Amcelle via 
State Route No. 35 and U.S. Route No. 220. 12 
miles one way. 

Maryland-West Virginia State Line, near Piedmont, 

West Virginia, to Westeraport and Bloomington. 

1.5 miles one way. 

Has 39 busses and operations are unrestricted. 

The Maryland Coach Co. 
Of Maryland 
Hampstead, Md. 

Route: Baltimore to Maryland-Pennsylvania State Line via 

Rei&terstown and Hampstead. 36.7 miles one way* 

Has 3 busses. 
Restriction: Cannot carry passengers locally, in either 

direction, between Baltimore and Reisterstown or 

intermediate points. 

Maryland-Delaware Stages, Inc. 
Pocomoke ^ity, Md. 

Routes: Pocomoke City to Maryland-Delaware State Line, 

via andw Hill and Berlin. 38 miles one way. 

Ocean City to Maryland-Delaware State Line via 
Friendship. 14.5 miles one way. 

Has 2 busses. 



-19- 



Restrlctionj Cannot transport passengers locally* in 

either direction, "between Berlin and Ocean city. 

The Meyer Transit Co. 
Davis, West Vs. 

Route i Kary land-West Virginia state Line to Oakland, 

Maryland, via Redhouse. 13 miles one way. 

Has 1 bus and operation is unres trie ted, 

Montgomery Bus Lines, Inc., Lessee 
Capital Transit Co., Equipment Owner 
36th and LI Streets, N. W. 
Washington, D. C. 

Routes Maryland- District of Columbia Line to Washington 

Grove via Rockville. 16.7 miles one way. 

Has 8 busses and operation is unrestricted* 

Nevin Midland Lines 
430 West 29th St. 
Hew York, H, *. 

Routes: Maryland-Pa. State Line to Maryland-District 

of Columbia line via Rising Sun. Bel Air, Overlea, 

Baltimore, Laurel and Hyattsville, 80.6 miles 

one way. 

Baltimore to Emmitsburg via Reisterstown and 
Westminster. (Emmitsburg transfer point connect- 
ing with busses for transportation of interstate 
passengers only), 52 miles one way. 

Maryland-Pennsylvania State Line on State Route 
No. 32 to Maryland-Pennsylvania State Line on U.S. 
Route No. 15 via Emmitsburg. 4,1 miles one way. 
Has 12 busses. 



-20- 



Restrictionss On route from Maryland-Pa. line to 
Maryland-District of Columbia Line, cannot 
transport passengers locally, in either direction, 
between Maryland-District of Columbia Line and 
Baltimore or intermediate points or between 
Baltimore and the intersection of U.S. Route No. 
1 with the road leading to Darlington at Stargable's 
Service Station or inter-mediate points. 

Other operations restricted to interstate business. 

Pan-American Bus Lines 
Charlotte, Worth Carolina 

Route* Maryland-Pennsylvania State Line to ^aryland- 

Distriot of Columbia Line via Laurel, Baltimore, 
Bel Air and Rising Sun, 87 miles one way. 

Has 4 busses and operation is restricted to interstate 

business. 

Peninsula Transit Corporation 
3210 Huntington Ave. 
Newport News t ,Va. 

Routes: Maryland-Virginia State Line near Colonial Beach, 

7a., to Baltimore via T.lorgantown, La Plata, 

Waldorf, U. B., Upper Marlboro, Millersville and 

Glenburnie. 75.4 miles one way* 

T.B., Maryland, to Maryland-District of Columbia 
Line via Campsprings and Clinton, 13.65 miles 
one way. 

Maryland- District of Columbia Line to Annapolis. 



-21- 

Md., via gladensburg, Collinton, Priest Bridge 
and Parole. 26.9 miles one way. 

Maryland-District of Columbia Line to Annapolis 
via Ritchie, Largo, Davidsonville and Parole. 
26 miles one way* 

Has 19 busses. 

Restrictions: Cannot pick up passengers when northbound 
or discharge passengers when southbound between 
a point 2 miles south of Glenburnie and Baltimore. 

Cannot transport passengers locally between D.C. 

Line on Central Ave., and a point 2 miles east 

of Chapel Road Intersection, Kd. 

Pennsylvania Greyhound Lines, Inc. 
920 Superior Ave. , IT. E. 
Cleveland, Ohio 

Routes t (1) Maryland-Delaware State Line to Maryland- 
District of Columbia Line, via Aberdeen, Baltimore 
and Laurel* 87.5 miles one way. 

(2) Baltimore to Maryland-Pennsylvania State Line, 
via Bel Air and Rising Sun. 48.6 miles one way. 

(3) Baltimore to Maryland-Pennsylvania State Line, 
via Cows on and Hereford. 32.5 miles one way. 

(4) Baltimore to Maryland-Pennsylvania States Line, 
via Reisterstown, Westminster and Union Mills. 

43 miles one way. 



-22- 



Has 156 busses. 

Restrictioni On Route (1) cannot transport passengers 

locally, in either direction, between Laurel and 
Maryland-District of Columbia line or intermediate 
points, or receive passengers at Brads haw or 
Baltimore or intermediate points, destined for 
Baltimore or Brads haw or intermediate points. 

On Route (2) restricted to interstate business. 

On Route (3) cannot transport passengers locally 
between a point one mile north of Marble Hill and 
Baltimore, when southbound, or between Baltimore 
and a point one mile north of Towson, when north- 
bound. 

On Route (4) restricted to interstate business 

between Baltimore and Westminister* 

Red Star Lines, Inc., 
Salisbury, Md. 

Routes: Salisbury, Maryland, to Maryland-Delaware State 

Line at Delraar via U.s, Route No. 13. 7 miles 

one way. 

Cambridge to Maryland- Delaware State Line via East 
New Market, Hurlock, Williamsburg and Federalaburg. 
27.7 miles one way. 



-23- 

Maryland-Delaware Stste Line near Burrsville to 
Katapeak Pier via Denton, Queen June, Wye Mills, 
Queens town, Grasonville, Chester and Stevensville. 
29 miles one way* 

Other operations wholly within the State of Kd. 

Has 27 busses and operations are unrestricted. 

The Ridgeley Bus Co., Inc. 
10 IT. George St. 
Cumberland, Kd. 

Boutes: Cumberland to Dryland-West Virginia State Line 

near Ridgeley, West Virginia. 3 miles one way. 

Maryland-West Virginia State Line near Ridgeley 

West Virginia, to Amcelle, Hd. , via Cumberland 

and U.S. Route No. 220. 3.5 miles one way. 

Has 3 busses and operations are restricted to interstate 

business. 

The Short Line, Inc. of Pa. 
212 f. Market 3t. 
West Chester, Fa. 

Routes! Maryland-Pennsylvania State Line to Maryland- 
District of Columbia Line via U.S. Route No. 1 
through Rising Sun and Bel Air to Baltimore, 
thence via U.S. Route No. 40 through Laurel and 
'Tyattsville, 76.5 miles one way. 

Baltimore to Hary land- Delaware State Line via U.S. 
Route No. 40 through Joppa, Aberdeen and 3 Ik ton. 
55 miles one way. 
Has 3 busses. 



-24- 



Restrictions: Cannot transport passengers locally in 
either direction between southwest side of 
Hyattsvllle and Baltimore and intermediate pointi 
or between Baltimore and intersection of Route 
ITo. 1 and road to Stargable's Service Station or 
intermediate points 

Oannot transport passengers locally in either 
direction between BOuthwest side of Hyattsvllle 
and Baltimore and intermediate points or between 
Baltimore and Mary land- Delaware Line, or inter- 
mediate points* via Route To. 40. 

Cannot transport passengers locally between Kd- 
District of Columbia Line, Route Ho. 1 and 
Southwest side of Hyattsvllle except to receive 
and deliver passengers between these points 
destined to and from Baltimore. 

Somerset Bus Co. 

Somerset, Fa. 

Route: Maryland-Pennsylvania State Line near Springs, 
Pennsylvania, to Cumberland via Grantsville and 
Frostburg. 28 miles one way. Has 6 busses. 

Restrictions: Cannot transport passengers locally 
between Grantsville and Cumberland. 

It is interesting to note that none of the bus companies 
listed on an earlier page as operating in 1922 appear in the above list 



-25- 



of present day operations. Through combinations of small "bus companies 
into single larger companies, all of the early interstate companies 
have disappeared. It is impossible to trace the development of each of 
the present day interstate bus companies back to the original lines as 
mergers and oombi nations of bus lines have occurred with great frequency 
throughout the past twenty years, 

The Nevin Midland Lines is at the present time reorganising 
under section 77B of the National Bankruptcy Act, Most of its present 
equipment carries the name of the Safeway Trailway Co., but the Nevin 
Midland Lines holds permits issued by the Maryland Public Service 
Commission for the operation of passenger busses over the routes set 
forth in the above list* 

INCREASE IN THE NUMBER OP INTERSTATE BUS OPERATIONS 

IN MARYLAND 

The list of present interstate bus companies operating in 
Maryland shows that at the present time there are 23 such companies. 
This number is relatively much larger than the number operating as of 
February 1, 1922, which was 5. The Bus Transportation Census of 
Revenue shows that as of January 1st, 1930 there were only 8 companies 
doing interstate passenger transportation business in Maryland, Thus 
it seems that the trend toward interstate bus transportation is in- 
creasing, and that during the years 1930 to 1937 this increase has 
been at a much greater rate than during the years of 1915 to 1930., 



-26- 



REASONS FOR THE RAPID DEVELOPMENT AHD GROWTH OF BUS TRANSPORTATION 

Since it is obvious that the bus for long hauls is a 
means of transportation much inferior to the railroad train, as a 
bus has no lavatories, smokers, or dining compartments as does a train, 
and passengers have no room in which to wait about on a bus, the 
question "What makes people travel in busses?* sometimes arises. In 
the early stage of bus development people may have taken to busses 
either because riding in busses was a vogue or because the bus answered 
a basic need. The latter reason seems the most logical. Throughout the 
years 1922 to the present time, the bus has definitely been the answer 
to a basic need, in that it has furnished a means of rapid, safe, direct 
transportation between widely separated oities not connected by rail- 
roads* The reason today for riding busses between parts that are con- 
nected by rail is unquestionably that on an average the bus rate is 
only two thirds as high as the average railroad rate of two cents per 
mile. 

The low cost of bus transportation as compared with other 
means of transportation is, in the main, responsible for the large 
number of interstate bus companies operating throughout the country at 
the present time and which by their operations through the state of 
Maryland tie important cities in Maryland to cities in widely scattered 
parts of the United States by a well regulated, interconnected, 
inclusive, safe system of large scale motor transportation of passengers* 



[Public — No. 255 — 74th Congress] 

[S. 1629] 

AN ACT 

To amend the Interstate Commerce Act, as amended, by providing for the 
regulation of the transportation of passengers and property by motor carriers 
operating in interstate or foreign commerce, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Interstate 
Commerce Act, as amended, herein referred to as " Part I ", is hereby 
amended by inserting at the beginning thereof the caption " part I " 
and by substituting for the words " this Act ", wherever they occur, 
the words "this part ", but such part I may continue to be cited as 
the " Interstate Commerce Act ", and said Interstate Commerce Act 
is hereby further amended by adding the following part II : 

" Part II 



" Sec. 201. This part may be cited as the ' Motor Carrier Act, 
1935 '. 

" DECLARATION OF POLICY AND DELEGATION OF JURISDICTION 

" Sec. 202. (a) It is hereby declared to be the policy of Congress 
to regulate transportation by motor carriers in such manner as to 
recognize and preserve the inherent advantages of, and foster sound 
economic conditions in, such transportation and among such carriers 
in the public interest; promote adequate, economical, and efficient 
service by motor carriers, and reasonable charges therefor, without 
unjust discriminations, undue preferences or advantages, and unfair 
or destructive competitive practices; improve the relations between, 
and coordinate transportation by and regulation of, motor carriers 
and other carriers; develop and preserve a highway transportation 
system properly adapted to the needs of the commerce of the United 
States and of the national defense; and cooperate with the several 
States and the duly authorized officials thereof and with any 
organization of motor carriers in the administration and enforce- 
ment of this part. 

"(b) The provisions of this part apply to the transportation of 
passengers or property by motor carriers engaged in interstate or 
foreign commerce and to the procurement of and the provision of 
facilities for such transportation, and the regulation of such trans- 
portation, and of the procurement thereof, and the provision of 
facilities therefor, is hereby vested in the Interstate Commerce 
Commission. 

"(c) Nothing in this part shall be construed to affect the powers 
of taxation of the several States or to authorize a motor carrier to 



T/?p Afoter C#rr/<?r /let of /9JS 



A [ivn. :>;.;..] 

do an intrastate business on the highways of any State, or to inter- 
fere with the exclusive exercise by each State of the power of 
regulation of intrastate commerce by motor curriers on the highways 
thereof. 

" DEl-'lNITIOIvS 

"Sec. 203. (a) As used in this part — 

"(1) The term 'person* means any individual, firm, copartner- 
ship, corporation, company, association, or joint-stock association 5 
and includes any trustee, receiver, assignee, or personal representa- 
tive thereof. 

"(2) The term 'board' or 'State hoard ' means the commission, 
board, or official (by whatever name designated in the laws of a 
State) which, under the laws of any State 111 which any part of the 
service in interstate or foreign commerce regulated by this part 18 
performed, has or may hereafter have jurisdiction to grant or 
approve certificates of public convenience and necessity or permits 
to motor carriers, or otherwise to regulate the business of trans- 
portation by motor vehicles, in intrastate commerce over the high- 
ways of such State. 

"(3) The term 'Commission' means the Interstate Commerce 
Commission. 

"(4) The term ' joint board ' means any special board constituted 
as provided in section 205 of this. part. 

"(5) The term 'certificate' means a certificate of public con- 
venience and necessity issued under this part to common carriers by 
motor vehicle, 

"(6) The term 'permit' means a permit issued under this part 
to contract carriers by motor vehicle. 

"(7) The term 'license' means a license issued under this part to 
a broker. 

"(8) The term 'State' means any of the several States and the 
District of Columbia. 

"(9) The term 'express company' means any common carrier by 
express subject to the provisions of part I. 

(10) The term 'interstate commerce' means commerce between 
any place in a State and any place in another State or between 
places in the same State through another State, whether such com- 
merce moves wholly by motor vehicle or partly by motor vehicle and 
partly by rail, express, or water. 

"(11) The term 'foreign commerce' means commerce between 
any place in the United States and any place in a foreign country, 
or "between places in the United States through any foreign country, 
whether such commerce moves wholly by motor vehicle or partly by 
motor vehicle and partly by rail, express, or water. 

"(12) The term 'highway' means the roads, highways, streets, 
and ways in any State, 

"(13) The term 'motor vehicle 1 means any vehicle, machine, 
tractor, trailer, or semitrailer propelled or drawn by mechanical 
power and used upon the highways in the transportation of passen- 
gers or property, but docs not include any vehicle, locomotive, or 
car operated exclusively on a rail or rails. 

"(14) The term 'common carrier by motor vehicle' means any 
person who or which undertakes, whether directly or by a lease or any 



IP [IB. 2».] 

other arrangement, to transport passengers or properly, or any class 
or classes of property, for the general public in interstate or foreign 
commerce by motor vehicle for compensation, whether over regular 
or irregular routes, including such motor vehicle operations of car- 
riers by rail or water, and of express or forwarding companies, 
except to the extent that these operations are subject to the pro- 
visions of part I. 

"(15) The term 'contract carrier by motor vehicle' means any 
person, not included under paragraph (14) of this section, who or 
which, under special and individual contracts or agreements, and 
whether directly or by a lease or any other arrangement, transports 
passengers or property in interstate or foreign commerce by motor 
vehicle for compensation. 

"(16) The term 'motor carrier' includes both a common carrier 
by motor vehicle and a contract carrier by motor vehicle. 

" (17) The term 'private carrier of property by motor vehicle' 
means any person not included in the terms ' common carrier by 
motor vehicle ' or ' contract carrier by motor vehicle ', who or which 
transports in interstate or foreign commerce by motor vehicle prop- 
erty of which such person is the owner, lessee, or bailee, when such 
transportation is for the purpose of sale, lease, rent, or bailment, or 
in furtherance of any commercial enterprise. 

" (18) The term 'broker' means any person not included in the 
term ' motor carrier ' and not a bona fide employee or agent of any 
such carrier, who or which, as principal or agent, sells or offers for 
sale any transportation subject to this part, or negotiates for, or 
holds himself or itself out by solicitation, advertisement, or other- 
wise as one who sells, provides, f urnisb.es, contracts, or arranges for 
such transportation, 

"(19) The 'services' and 'transportation' to which this part 
applies include all vehicles operated by ; for, or in the interest of any 
motor carrier irrespective of ownership or of contract, express or 
implied, together with all facilities and property operated or con- 
trolled by any such carrier or carriers and used in the transportation 
of passengers or property in interstate or foreign commerce or in the 
performance of any service in connection therewith. 

" (20) The term ' interstate operation ' means any operation in 
interstate commerce. 

"(21) The term 'foreign operation 1 means any operation in 
foreign commerce. 

" (b) Nothing in this part, except the provisions of section 204 
relative to qualifications and maximum hours of service of employees 
and safety of operation or standards of equipment shall be con- 
strued to include (1) motor vehicles employed solely in transporting 
school children and teachers to or from school; or (2) taxicabs, or 
other motor vehicles performing a bona fide tnxicab service, having 
a capacity of not more than six passengers and not operated on a 
regular route or between fixed termini; or (3) motor vehicles owned 
or operated by or on behalf of hotels and used exclusively for the 
transportation of hotel patrons between hotels and local railroad or 
other common carrier stations; or (4) motor vehicles operated, under 
authorization, regulation, and control of tho Secretary of the Inte- 
rior, principally for the purposo of transporting persons in and about 






i 



[Pub. 2551 



the national parks and national monuments; or (4a) motor vehicles 
controlled and operated by any farmer, and used in the transporta- 
tion of his agricultural commodities and products thereof, or in the 
transportation of supplies to his farm; or (4b) motor vehicles con- 
trolled and operated by a cooperative association as defined in the 
Agricultural Marketing Act, approved June 15, 1929, as amended: 
or (5) trolley busses operated by electric power derived from a fixed 
overhead wire, furnishing local passenger transportation similar to 
street-railway service; or (0) motor vehicles used exclusively in 
carrying livestock, fish (including shell fish), or agricultural com- 
modities (not including manufactured products thereof) ; or (7) 
motor vehicles used exclusively in the distribution of newspapers; 
nor, unless and to the extent that the Commission shall from lime 
to time find that such application is necessary to carry out the policy 
of Congress enunciated in section 202, shall the provisions of this 
part, except the provisions of section 204 relative to qualifications _ 
and maximum hours of service of employees and safety of opera- 
tion or standards of equipment apply to: (8) The transportation 
of passengers or property in interstate or foreign commerce wholly 
within a municijiality or between contiguous municipalities or within 
a zone adjacent to and commercially a part of any such municipality 
or municipalities, except when such transportation is under a com- 
mon control, management, or arrangement for a continuous carriage 
or shipment to or from a point without such municipality, munici- 
palities, or zone, and provided that the motor carrier engaged 
in such transportation of passengers over regular or irregular route- 
or routes in interstate commerce is also lawfully engaged in th» 
intrastate transportation of passengers over the entire length of such 
interstate route or routes in accordance with the laws of each Stat© 
having jurisdiction; or (9) the casual, occasional, or reciprocal trans- 
portation of passengers or property in interstate or foreign com- 
merce for compensation by any person not engaged in transportation 
by motor vehicle as a regular occupation or business. 

" GENERAL DUTIES AND POWERS OP THE COMMISSION 

" Sec, 204 (a) It shall be the duty of the Commission — 

"(1) To regulate common carriers by motor vehicle as provided in 
this part, ana to that end the Commission may establish reasonable 
requirements with respect to continuous and adequate service, trans- 
portation of baggage and express, uniform systems of accounts, rec- 
ords, and reports, preservation of records, qualifications and maxi- 
mum hours of service of employees, and safety of operation and 
equipment. 

"(2) To regulate contract carriers by motor vehicle as provided 
in this part, and to that end the Commission may establish reasonable 
requirements with respect to uniform systems of accounts, records, 
and reports, preservation of records, qualifications and maximum 
hours of service of employees, and safety of operation and equip- 
ment. 

"(3) To establish for private carriers of property by motor vehicle, 
if need therefor is found, reasonable requirements to promote safety 
of operation, and to that end prescribe qualifications and maximum 
hours of service of employees, and standards of equipment. In the 



[TVB. 255.] 

event such requirements are established, the te;m ' motor carrier » 
shall be construed to include private camera <U property by _ motor 
vehicle in the administration of sections 204 (d) and (e) , ZU6, 5S3U, 
221; 222 (a), (b), (d), (f ), and (g) ; and 224 

"(4) To regulate brokers as provided in this part, and to that 
end the Commission may establish reasonable requirements with 
respect to licensing, financial responsibility, accounts, records, 
reports, operations, and practices of any such person or persons. 

''(5) For the purpose of carrying out the provisions pertaining 
to safety, the Commission may avail itself of the assistance ot any or 
the several research agencies of 1he Federal government having 
special knowledge of any such matter, to conduct such scientific and 
technical researches, investigations, and tests as may be necessary to 
promote the safety of operation and equipment of motor vehicles aa 
provided in this part; the Commission may transfer to such agency 
or agencies such funds as may be necessary and available to make 
this provision effective. . . . 

"(6) To administer, execute, and enforce all other provisions of 
this part, to make all necessary orders in connection therewith, and 
to prescribe rules, regulations, and procedure for such admimstra- 

"(V) To inquire into the organization of motor carriers and brokers 
and into the management of their business, to keep itself informed 
as to the manner and method in which the same is conducted, and 
to transmit to Congress, from time to time, such recommendations as 
to additional legislation relating to such carriers or brokers as the 
Commission may deem necessary. 

"(b) The provisions of any code of fair competition for any 
industry embracing motor carriers or for any subdivision thereof 
approved pursuant to the National Industrial Recovery Act or any 
present or future Act amendatory thereof, or supplementary thereto, 
or in substitution therefor, which is in conflict or inconsistent with 
any action under the provisions of this part, shall have no force or 
effect after this section becomes effective. _ 

"(c) The Commission may from time to time establish such nist 
and reasonable classifications of brokers or of groups of earners 
included in the term 'common carrier by motor vehicle or con- 
tract carrier by motor vehicle J , as the special nature of the services 
perform ed by such carriers or brokers shall require; and such just 
and reasonable rules, regulations, and requirements, consistent with 
the provisions of this part, to be observed by the carriers or brokers 
so classified or grouped, as the Commission deems necessary or 
desirable in the public interest, . . , 

"(d) Upon complaint in writing to the Commission by any person, 
State board, organization, or body politic, or upon its own initiative 
without complaint, the Commission may investigate whether any 
motor carrier or broker has failed to comply with any provision of 
this part or with any requirement established pursuant thereto. 
If the Commission, after notice and hearing, finds upon any such 
investigation that the motor carrier or broker has failed _ to 
comply with any such provision or requirement, the Commission 
small issue an appropriate order to compel the earner or broker 
to comply therewith. Whenever the Commission is of opinion thai 







[Pro. »M 



any complaint does not state reasonable grounds for investigation 
and action on its part^ it may dismiss such complaint. 

"(e) After a decision, order, or requirement has been made by 
the Commission in any proceeding under this part, any party thereto 
may make application to the Commission for reconsideration or 
rehearing of the same, or of any matter determined therein, and 
it shall he law fid for the Commission in its discretion to grant 
such reconsideration or a rehearing if sufficient reason therefor be 
made to appear. Applications for reconsideration or rehearing 
shall In- governed by such general rules as the Commission may 
prescribe. Xo such application shall excuse any motor carrier or 
broker from complying with or obeying any decision, order, or 
requirement of the Commission, or operate in any manner to stay 
or postpone the enforcement thereof, without the special order of 
the Commission. Tf, after such reconsideration or rehearing, it 
shall appear that the original decision, order, or requirement is in 
any respect unjust or unwarranted, the Commission may reverse, 
change, or modify the same accordingly. Any decision, order, or 
requirement made after such reconsideration or rehearing shall be 
subject to the same provisions as an original decision, order, or 
requirement. 

"(f) The provisions of sections 14 and 10 (13) of part I, relating 
to reports, decisions, schedules, contracts, and other public records, 
shall apply in the administration of this part. 

"administration 

"Sec. 205. (a) Excepting a matter which is referred to a joint 
board as hereinafter provided, any matter arising in the adminis- 
tration of this part requiring a hearing shad be heard and decided 
by the Commission, or shall, by oi-der of the Commission, be referred 
to a member or examiner of the Commission for hearing and the 
recommendation of an appropriate order thereon. With respect 
to such matter the member or examiner shall have all the rights, 
duties, powers, and jurisdiction conferred by this part upon the 
Commission, except that the order recommended by such member 
or examiner shall be subject to the following provisions of this 
paragraph. Any order recommended by the member or examiner 
with respect to such matter shall be in writing and be accompanied 
by the reasons therefor, and shall be filed with the Commission. 
Copies of such recommended order shall be served upon the persons 
specified in paragraph (f), who may file exceptions thereto, but 
if no exceptions are filed within 20 days after service, upon such 
persons, or within such further period as the Commission may 
authorize^ such recommended order shall become the order of the 
Commission and become effective, unless within such period the 
order is stayed or postponed 03' the Commission. Where exceptions 
are filed as herein provided it shall be the duty of the Commission 
to consider the same and, if suflicient reason appears therefor, the 
Commission shall grant such renew or make such orders or hold 
or authorize such further hearings or proceed inga in the premises 
as may be necessary or proper to carry out the purposes of this 
part, or the Commission may, on its own motion, review any such 
matter and take action thereon as if exceptions thereto had been 



IPde, mjs.j l 

filed. The Commission, after review upon the same record or as 
supplemented by a further hearing, shall decide the matter and 
make appropriate order thereon, 

"(b) The Commission shall, when operations of motor carriers 
or brokers conducted or proposed to be conducted involve not more 
than three States, and the Commission may, in its discretion, when 
operations of motor carriers or brokers conducted or proposed to 
be conducted involve more than three States, refer to a joint board 
for appropriate proceedings thereon, any of the following matters 
arising in the administration of this part with respect to such 
operations: Applications for certificates, permits, or licenses; the 
suspension, change, or revocation of such certificates, permits, or 
licenses; applications for the approval and authorization of con- 
solidations, mergers, and acquisitions of control or operating con- 
tracts; complaints as to violations by motor carriers or brokers of 
the requirements established under section 204 (a) ; and complaints 
as to rates, fares, and charges of motor carriers or the practices of 
brokers: Provided, however, That if the Commission is prevented 
by legal proceedings from referring a matter to a joint hoard, it 
may determine such matter as provided in paragraph (a) of this 
section. The Commission, in its discretion, may also refer to a 
joint board any investigation and suspension proceeding or other 
matter not specific;! I ly mentioned above which may arise under this 

Eart. The joint board to which any such matter is referred shall 
e composed solely of one member from each State within which 
the motor-carrier or brokerage operations involved in such matter 
are or are proposed to be conducted : Provided, That the Com- 
mission may designate an examiner or examiners to advise with 
and assist the joint board under such rules and regulations as it 
may prescribe. In acting upon matters so referred joint boards 
shall be vested with the same rights, duties, powers, and jurisdic- 
tion as are hereinbefore vested in members or examiners of the 
Commission while acting under its orders in the administration of 
this part. Orders recommended by joint boards shall be filed with 
the Commission, and shall become orders of the Commission and 
become effective in the same manner, and shall bo subject to the 
same procedure, as provided in the case of orders recommended 
by members or examiners under this section. 

"(c) Whenever there arises in the administration of this part 
any matter that the Commission is required to refer to a joint board, 
or that the Commission determines, in its discretion, to refer to a 
joint board, the Commission shall, if no joint board eligible to 
consider said matter is in existence, create a joint board to consider 
the matter when referred, and to recommend appropriate order 
thereon. The Commission shall prescribe rules governing meetings 
and procedure of joint boards and may, in the event of legal pro- 
ceedings preventing reference to a joint hoard, determine the matter 
as provided in paragraph (a) of this section. Except as hereinafter 
provided, a joint board shall consist of a member from each State 
in which the motor carrier or brokerage operations involved are or 
are proposed to be conducted. The member from any such State 
shall be nominated by the board of such State from its own member- 
ship or otherwise; or if there is no board in such State or if the 



8 



[PUB.2MJ 



board of such State fails to make a nomination when requested by 
the Commission, then the Governor of such State may nominate 
such member. The Commission is authorized to appoint as a member 
upon the joint board any such nominee approved by it. If both 
the Board and the Governor of any State shall fail to nominate 
a joint board member when requested, then the joint board sball 
be constituted without a member from such State, if members for 
two or more States shall have been nominated and approved by the 
Commission. All decisions and recommendations by joint boards 
shall be by majority vote. If the board of each State from which 
d member of a joint board is entitled to be appointed shall waive 
action on any matter referred to such joint board, or if any joint 
board fails or refuses to act, or is unable to agree upon any matter 
submitted to it within forty- five days after the matter is referred 
to it or such other period as the Commission may authorize, or if 
a member shall not be nominated for more than one State (except 
only when the operations proposed shad be into or through territory 
foreign to the United States), then such matter shall be decided as in 
the ease of any matter not required to be referred to a joint board. 
When any proceeding required to be referred to a joint board shall 
involve operations of a motor carrier conducted or proposed to b© 
conducted into or through territory foreign to the United States, 
ii a single State shall be involved, or if only one State shall make 
nomination of a joint board member through its Governor or State 
board, then the Commission, in such case, may receive from that 
State the nomination of not more than three members and may 
appoint such nominees to constitute the joint board. Members of 
joint boards when administering the provisions of this part shall 
receive such allowances for travel and subsistence expenses as the 
Commission shall provide. A joint board shall continue in existence 
for the consideration of matters referred to it by the Commission 
until such time as its existence may be terminated by the Commis- 
sion. A substitution of memberslup upon a joint board from any 
State may be made at any time by nomination and appointment in 
the same manner as an original nomination and appointment. 

"(d) Where practicable and its the Commission may by rule or 
order direct, hearings by any member, examiner, or joint board upon 
any matter referred to him or to such board shall be held at such 
places within the United States as are convenient to the parties. 

"(e) So far as may be necessary for the purposes of this part, 
the Commission and the members and examiners thereof and joint 
boards shall have the same power to administer oaths, and require 
by subpena the attendance and testimony of witnesses and the pro- 
duction of books, papers, tariffs, contracts, agreements, and docu- 
ments, and to take testimony by deposition, relating to any matter 
under investigation, as the Commission has in a matter arising 
under part I; and any person suhpenaed or testifying in connection 
with any matter under investigation under this part shall have the 
same rights, privileges, and immunities and be subject to the same 
duties, liabilities, and penalties as though such matter arose under 
part I, unless otherwise provided in this part. 

"(f) In accordance with rules prescribed by the Commission, rea- 
sonable notice shall be afforded, iu connection with any proceeding 



[Pvn. 255.] 



9 



under this part, to interested parties and to the board of any State, 
or to the governor if there be no board, in which the motor-carrier 
operations involved in the proceeding are or are proposed to be 
conducted, and opportunity for hearing and for intervention in 
connection with any such proceeding shall be afforded to all inter- 
ested parties. 

"(g) The Commission is authorized to confer with or to hold 
joint" hearings wdth any authorities of any State in connection with 
any matter arising in any proceedings under this part. The Com- 
mission is also authorized* to avail itself of the cooperation, services, 
records, and facilities of such State authorities as fully as may be 
practicable, in the enforcement or administration of any provision 
of this part. From any space in the Interstate Commerce Commis- 
sion Building not required by the Commission, the Government 
authority controlling the allocation of space in public buildings shall 
assign for the use of the national organization of the State com- 
missions and of their representatives suitable office space and facili- 
ties which shall he at all times available for the use of joint boards 
created under this part and for members and representatives of such 
boards cooperating wdth the Commission or with any other Federal 
commission or department under this or any other Act ; and if there 
be no such suitable space in the Interstate Commerce Commission 
Building, the same shall be assigned in some other building in con- 
venient proximity thereto. 

"(h) Any final order made under this part shall be subject to 
the same right of relief in court by any party in interest as is now 
provided in respect to orders of the Commission made under part I : 
Provided, That, where the Commission, in respect of any matter 
arising under this part, shall have issued a negative order solely 
because of a supposed lack of power, any such party in interest may 
file a bill of complaint with the appropriate District Court of the 
United States, convened under the Urgent Deficiency Appropria- 
tions Act, October 22, 1913, and such court, if it determines that 
the Commission has such power, may enforce by writ of mandatory 
injunction the Commission's taking of jurisdiction. 

"(i) All the provisions of section 17 of part I shall apply to all 
proceedings under this part. 

"(j) No member or examiner of the Commission or member of a 
joint board shall hold any official relation to, or own any securities 
of, or be in any maimer pecuniarily interested in, any motor carrier 
or in any carrier by railroad, water, or other form of transportation. 

"(It) The Commission is authorized to employ, and to fix the 
compensation of, such experts, assistant^ special agents, examiners, 
attorneys, and other employees as in its judgment may be necessary 
or advisable for the convenience of the public and for the effective 
administration of this part. 

"APPLICATION FOK CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 

" Sec. 206. (a) No common carrier by motor vehicle subject to the 
provisions of this part shall engage in any interstate or foreign oper- 
ation on any public highway, or within any reservation under the 
exclusive jurisdiction of the United States, unless there is in force 

Pub, No, 2SB 2 



10 



IPtrs. 2M. 



with respect to such carrier a certificate of public convenience and 
necessity issued by the Commission authorizing such operations: 
Provided, however, That, subject to section 210, if any such currier or 
predecessor in interest was in bona fide operation as a common car- 
rier by motor vehicle on June 1, 1985, over the route or routes or 
within the territory for which application is made and has so oper- 
ated since that time, or if engaged in furnishing seasonal service only, 
was in bona fide operation on June 1, 1935, during the season ordi- 
nardy covered by its operation, except in either instance as to inter- 
ruptions of service over which Hie applicant or its predecessor in 
interest had no control, the Commission shall issue such certificate 
without requiring further proof that public convenience and necessity 
will be served by such operation, and without further proceedings, if 
application for such certificate is made to the Commission as pro- 
vided in paragraph (b) of this section and within one hundred and 
twenty days after this section shall take effect, and if such carrier 
was registered on June 1, 1935, under any code of fair competition 
requiring registration, the fact of registration shall be evidence of 
bona fide operation to bo considered in connection with the issuance 
of such certificate. Otherwise the application for such certificate 
shall be decided in accordance with the procedure provided for in 
section 207 (a) of this part and such certificate shall be issued or 
denied accordingly. Ponding the determination of any such appli- 
cation the continuance of such operation shall be lawful : And pro- 
vided further, That this paragraph shall not be so construed as to 
require any such carrier lawfully engaged in operation solely within 
any State to obtain from the Commission a certificate authorizing the 
transportation by such carrier of passengers or property in inter- 
state or foreign commerce between places within such State if there 
be a board in such State having authority to grant or approve such 
certificates and if such carrier has obtained such certificate from 
such board. Such transportation shall, however, be otherwise sub- 
ject to the jurisdiction of the Commission under this part. 

"(b) Application for certificates shall be made in writing to the 
Commission, be verified under oath, and shall be in such form and 
contain such information and be accompanied by proof of service 
upon such interested parties as t he Commission hhall t by regulation, 
require. Anv person, not included within the provisions of para- 
graph (a) of this section, who or which is engaged in transportation 
in interstate or foreign commerce as a common carrier by motor 
vehicle when this section takes effect may continue such operation 
for a period of one hundred and twenty days thereafter without a 
certificate and, if application for such certificate is made to the 
Commission within such period, the earrier may, under such regu- 
lations as the Commission shall prescribe, continue such operation 
until otherwise ordered by the Commission. 

" ISSUANCE OF CERTIFICATE 

"Sec. 207. (a) Subject to section 210, a certificate shall be issued 
to any qualified applicant therefor, authorizing the whole or any 
part of the operations covered by the application, if it is found that 
the applicant is fit, willing, and able properly to perform the service 
proposed and to conform to the provisions of this part and the 



YPVB. 2S5.J 



n 



requirements, rules, and regulations of the Commission thereunder, 
and that the proposed service, to the extent to be authorised by the 
certificate, is or will be required by the present or future public 
convenience and necessity; otherwise such application shall be denied : 
Provided, however, That no such certificate shall be issued to any 
common carrier of passengers by motor vehicle for operations over 
other than a regular route, or routes, and between fixed termini, 
except as such carriers may be authorized to engage in special or 
charter operations. 

" (b) No certificate issued under this part shall confer any pro- 
prietary or properly rights in the use of tiie public highways. 

" TERMS AND CONDITIONS OP CERTIFICATE 

" Sec. 208. (a) Any certificate issued under section 206 or 207 
shall specify the service to be rendered and the routes over which, 
the fixed termini, if any, between which, and the intermediate and 
off-route points, if any, at which, and in case of operations not over 
specified routes or between fixed termini, the territory within which, 
the motor carrier is authorized to operate; and there shall, at the 
time of issuance anil from time to time thereafter, he attached to 
the exercise of the privileges granted by the certificate such reason- 
able terms, conditions, and limitations as the public convenience 
and necessity may from time to time require, including terms, 
conditions, and limitations as to the extension of the route or routes 
of the carrier, and such terms and conditions as are necessary (<> 
carry out, with respect to the operations of the carrier, the require- 
ments established by the Commission under section 204 (a J (1) 
and (G) : Provided, however, Thai no terms, conditions, or limita- 
tions shall restrict the right of the carrier to add to his or its 
equipment and facilities over the routes, between the termini, or 
within the territory specified in the certificate, as the development of 
the business and tlie demands of the public shall require. 

" (b) A common carrier by motor vehicle operating under any 
such certificate may occasionally deviate from the route over which, 
and/or the fixed termini between which, it is authorized to operate 
under the certificate, under such general or special rules and regu- 
lations as the Commission may prescribe. 

"(e) Any common carrier by motor vehicle transporting pas- 
sengers under a certificate issued under this part may transport in 
interstate or foreign commerce to any place special or chartered 

Earties under such rules and regulations as the Commission shall 
a ve prescribed. 

"(d) A certificate for the transportation of passengers may include 
authority to transport in the same vehicle with the passengers, 
newspapers, baggage of passengers, express, or mail, or to transport 
baggage of passengers in a separate vehicle, 

"PERMITS FOR CONTRACT C.HilUKIiS BY MOTOR VEHICLE 

" Sec. 209. (a) No person shall engage in the business of a contract 
carrier by motor vehicle in interstate or foreign commerce on any 
public highway or within any reservation under the exclusive juris- 
diction of the United States unless there is in force with respect to 



12 



[Pun. 25u,J 



such carrier a permit issued by the Commission, authorizing such 
person to engage in such business: Provided } That, subject to section 
210, if any such carrier or a predecessor in interest was in bona fide 
operation as a contract carrier by motor vehicle on July 1 ; 1935, 
over the route or routes or within the territory for which application 
is made and has so operated since that time, or, if engaged in fur- 
nishing seasonal service, only, was in bona fide operation on July 1, 
1935, during the season ordinarily covered by its operations, except 
in either instance as to interruptions of service over which the appli- 
cant or its predecessor in interest had no control, the Commission 
shall issue such permit, without further proceedings, if application 
for such permit is made to the Commission as provided in paragraph 
(b) of tins section and within one hundred and twenty days after 
this section shall take effect and if such carrier was registered on 
July 1, 1935, under any code of fair competition requiring registra- 
tion, the fact of registration shall be evidence of bona fide operation 
to be considered in connection with the issuance of such permit. 
Otherwise the application for such permit shall be decided in accord- 
ance with the procedure provided for in paragraph (b) of this 
section and such permit shall be issued or denied accordingly. Pend- 
ing determination of any such application the continuance of such 
operation shall be lawful. Any person, not included within the 
foregoing provisions of this paragraph, who or which is engaged in 
transportation as a contract carrier by motor vehicle when this 
section takes effect, may continue such operation for a period of 
one hundred and twenty days thereafter without a permit and, if 
application for such permit is made within such period, the carrier 
mayj under such regulations as the Commission shall prescribe, 
continue such operation until otherwise ordered by the Commission: 
Provided further, That nothing in this part shall be construed to 
repeal, amend, or otherwise modify any Act or Acts relating to 
national parks and national monuments under the administrative 
jurisdiction of the Secretary of the Interior, or to withdraw such 
authority or control as may by law bo held by the Secretary of 
the Interior with respect to the admission and operation of motor 
vehicles in any national park or national monument of the United 
States. 

* (b) Applications for such permits shall be made to the Com- 
mission in writing, be verified under oath, and shall be in such form 
and contain such information and be accompanied by prevf of service 
upon such interested parties as the Commission may, by regulations, 
require. Subject to section 210, a permit shall be issued to any quali- 
fied applicant therefor authorizing in whole or in part the. opera- 
tions covered by the application, if it appears from the applications 
or from any hearing held thereon, that the applicant is fit, willing, 
and able properly to perform the service of a contract carrier by 
motor vehicle, and to conform to the provisions of this part and the 
lawful requirements, rules, and regulations of the Commission there- 
under, and that the proposed operation, to the extent authorized by 
the permit, will be consistent with the public interest and the policy 
declared in section 202 (a) of this part; otherwise such application 
shall be denied. The Commission shall specify in the permit the 
business of the contract carrier covered thereby and the scope thereof 



[Pub. 264.1 



13 



and shall attach to it, at the time of issuance, and from time to time 
thereafter, such reasonable terms, conditions, and limitations con- 
sistent with the character of the holder as a contract earner as are 
necessary to carry out, with respect to the operations of such carrier, 
the requirements established by the Commission under section 201 
(a) (2} and (6) : Provided, however, That no terms, conditions, or 
limitations shall restrict the right of the carrier to substitute or add 
contracts within the scope of the permit, or to add to his or its 
equipment and facilities, within the scope of the permit, as the 
development of the business and the demands of the public may 
require. 

" DUAL OPERATION 

" Sec. 210, No person, after January 1, 1936, shall at the same time 
hold under this part a certificate as a common carrier and a permit 
as a contract carrier authorizing operation for the transportation of 
property by motor vehicle over the same route or within the same 
territory, unless for good cause shown the Commission shall find that 
such certificate and permit may be held consistently with the public 
interest and with the policy declared in section 202 (a) of this 
part. 

"brokerage licenses 

" Seo. 211, (a) No person shall for compensation sell or offer for 
sale transportation subject to this part or shall make any contract, 
agreement, or arrangement to provide, procure, furnish, or arrange 
for such transportation or shall hold himself or itself out by adver- 
tisement, solicitation, or otherwise as one who sells, provides, pro- 
cures, contracts, or arranges for such transportation, unless such 
person holds a broker's license issued by the Commission to engage 
in such transactions: Provided, however, That no such person shall 
engage in transportation subject to this part unless he holds a cer- 
tificate or permit as provided in this part. In the execution of any 
contract, agreement, or arrangement to sell, provide, procure, fur- 
nish, or arrange for such transportation, it shall be unlawful for 
such person to employ any carrier by motor vehicle wdio or which 
is not the lawful holder of an effective certificate or permit issued 
as provided in this part: And provided further, That the provisions 
of this paragraph shall not apply to any carrier holding a certificate 
or a permit under the provisions of this part or to any bona fide 
employee or agent of such motor carrier, so far as concerns trans- 
portation to be furnished wholly by such carrier or jointly with 
other motor carriers holding like certificates or permits, or with a 
common carrier by railroad, express, or water. 

"(b) A brokerage license shall be issued to any qualified appli- 
cant therefor, authorizing the whole or any part of the operations 
covered by the application, if it is found that the applicant is fit, 
willing, and able properly to perform the service proposed and to 
conform to the provisions of this part and the requirements, rules, 
and regulations of the Commission thereunder, and that the proposed 
service, to the extent to bo authorized by the license, is, or will be 
consistent with the public interest and the policy declared in section 
202 (a) of this part; otherwise such application shall be denied. 



14 



[Pub. JiSJ 



Any broker in operation when this section takes effect may continue 
such operation for a period of one hundred and twenty days there- 
after without a license, and if application for such license is made 
within such period, the broker may, under such regulations as the 
Commission shall prescribe, continue such operations until other- 
wise ordered by the Commission. 

"(c) The Commission shall prescribe reasonable rules and regula- 
tions for the protection of travelers or shippers by motor vehicle, to 
be observed by any person holding a brokerage license, and no such 
license shall he issued or remain in force unless such person shall 
have furnished a bond or other security approved by the Commis- 
sion, in such form and amount as will insure financial responsibility 
and the supplying of authorized transportation in accordance with 
contracts, agreements, or arrangements therefor, 

" (d) The Commission and its special agents and examiners shall 
have the same authority as to accounts, reports, and records, includ- 
ing inspection and preservation thereof, of any person holding a 
brokerage license issued under the provisions of this section, tliat 
they have under this part with respect to motor carriers subject 
thereto. 

" SUSPENSION, CHANGE, REVOCATION, AND TRANSFER OF CERTIFICATES, 
PERMITS, AKD LICENSES 

"Sec. 212. (a) CertificateSj permits, and licenses shall be effective 
from the date specified therein, and shall remain in effect until ter- 
minated as herein provided. Any such certificate, permit, or license 
may, upon application of the holder thereof, in the discretion of the 
Commission, be amended or revoked, in whole or in part, or may 
upon complaint, or on the Commission's own initiative, after notice 
and hearing, be suspended, changed, or revoked, in whole or in part, 
for willful failure to comply with any provision of this part, or with 
any lawful order, rule, or regulation of the Commission promulgated 
thereunder, or with any term, condition, or limitation of such certifi- 
cate, permit j or license: Provided, however, That no such certificate, 
permit, or license shall be revoked (except upon application of the 
holder) unless the holder thereof willfully fails to comply, within a 
reasonable time, not less than ninety days, to be fixed by the Commis- 
sion, with a lawful order of the Commission, made as provided in 
section 204 (d), commanding obedience to the provision of this part, 
or to the rule or regulation of the Commission thereunder, or to the 
term, condition, or limitation of such certificate, permit, or license, 
found by the Commission to have been violated by such holder. 

"(b) Except as provided in section 213, any certificate or permit 
may be transferred, pursuant to such rules and regulations as the 
Commission may prescribe, 

" CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL 

" Seo. 213. (a) It shall be lawful, under the conditions specified 
below, but under no other conditions, for two or more motor carriers 
which are not also carriers by railroad to consolidate or merge their 
properties, or any part thereof, into one corporation for the owner- 
ship, management, and/or operation of the properties theretofore 



{PUB. 255J 



15 



in separate ownership; or for any such motor carrier or two or 
more such carriers jointly, to purchase, lease, or contract to operate 
the properties, or any part thereof, of another such carrier; or 
for any such motor carrier or two or more such carriers jointly, to 
acquire control of another such carrier through purchase of its 
stock; or for a person which is not a motor carrier or a carrier by 
railroad, or express, or water to acquire control of two or more 
motor carriers through ownership of their stock; or for any such 
person which has control of one or more motor carriers to acquire 
control of another such carrier through ownership of its stock; or 
for a carrier by railroad, express, or water to consolidate, or merge 
with, or acquire control of, any motor carrier or to purchase, lease, 
or contract to operate its properties, or any part thereof. 

"(1) Whenever a consolidation, merger, purchase, lease, operat- 
ing contract, or acquisition of control is proposed under this section, 
the carrier or carriers or the person seeking authority therefor shall 
present an application to the Commission, and thereupon the Com- 
mission shall notify the Governor of each State in which any part 
of the properties or operations of the carriers involved in the pro- 
posed transaction is situated, and also such carriers and the applicant 
or applicants, and other parties known to have a substantial interest 
in the proceeding of the time and place for a public hearing. If 
after such hearing the Commission finds that the transaction pro- 

Sosed will be consistent with the public interest and that the con- 
itions of this section have been or will be fulfilled, it may enter 
an order approving and authorizing such consolidation, merger, 
purchase, lease, operating contract, or acquisition of control, upon 
such terms and conditions as it shall find to be just and reasonable 
and with such modifications as it may prescribe: Provided, however. 
That if a carrier other than a motor carrier is an applicant, or any 
person which is controlled by such a carrier other than a motor 
carrier or affiliated therewith within the meaning of section 5 (8) 
of part I, the Commission shall not enter such an order unless it 
finds that the transaction proposed will promote the public interest 
by enabling such carrier other than a motor carrier to use service 
by motor vehicle to public advantage in its operations and will not 
unduly restrain competition. 

"(2) Whenever a person which is not a motor carrier is author- 
ized, by an order entered under subparagraph (1) of this section, 
to acquire control of any such carrier or of two or more such carriers, 
such person thereafter shall, to the extent provided by the Commis- 
sion, for the purposes of section 204 (a) (1), and section 220 (a) 
and (h), relating to accounts, records, and reports, and to the 
inspection of facilities and records, including the penalties applicable 
in the case of violations thereof, be subject to the provisions of this 
part. 

"(b) (1) It shall be unlawful for any person, except as provided 
in paragraph (a), to accomplish or effectuate, or to participate in 
•:■■■■■•'. t P i i - 1 ! i 1 1. tr or effectuating, t lie control en- m!iiin<r<'nient in a com- 
mon interest of any two or more motor carriers which are not also 
carriers by railroad, however such result is attained, whether directly 
or indirectly, by use of common directors, officers, or stockholders, 
a holding or investment company or companies, a voting trust or 



16 



[pfb. ass j 



trusts, or in any other manner whatsoever. It shall be unlawful 
to continue to maintain control or management accomplished or 
effectuated after the enactment of this part and in violation of this 
paragraph. As used in this paragraph, the words " control or man- 
agement " shad be construed to include the power to exercise control 
or management. 

"(2) The Commission is hereby authorized, upon complaint or 
upon its own initiative without complaint, but after notice and hear- 
ing, to investigate and determine whether any person is violating 
the provisions of paragraph (b) (1) of this section. If the Com- 
mission finds after such investigation that such person is violating 
the provisions of such paragraph, it shall by order require such 
person to take such action consistent with the provisions of this 
part as may be necessary, in the opinion of the Commission, to pre- 
vent further violation of such provisions. 

"(3) For the purposes of this section, wherever reference is made 
to control, it is immaterial whether such control is direct or indirect. 

"(c) The district courts of the United States shall have jurisdic- 
tion upon the application of the Commission, alleging a violation 
of any of tho provisions of this section or disobedience of any order 
issued by the Commission thereunder by any person, to issue such 
writs of injunction or other proper process, mandatory or otherwise, 
as may be necessary to restrain such person from violation of such 
provision or to compel obedience to such order. 

"(d) The Commission may from time, to time, for good cause 
shown, mako such orders, supplemental to any order made under 
paragraphs (a) or (b), as it may deem necessary or appropriate. 

"(e) Kxcopt where a carrier other than a motor carrier is an appli- 
cant or any person which is controlled by such a carrier or carriers 
by railroad or affiliated therewith within the meaning of section 5 (8) 
oi part I, the provisions of this section requiring authority from the 
Commission for consolidation, merger, purchase, lease, operating 
contract, or acquisition of control shall not apply where the total 
number of motor vehicles involved is not more than twenty, 

"(f) The carriers and any person affected by any order made under 
the foregoing provisions of this section shall be, and they are hereby, 
relieved from the operation of the ' antitrust laws ', as designated in 
section 1 of the Act entitled 'An Act to supplement existing laws 
against unlawful restraints, and monopolies, and for other purposes ', 
approved October IS, 1914, and nf all other restraints or prohibitions 
by or imposed under authority of law, State or Federal, insofar as 
may be necessary to enable them to do anything authorized or 
required by such order. 

" ISSUANCE OF SECURITIES 

"Sec. 214. Common or contract carriers by motor vehicle, cor- 
porations organized for the purpose of engaging in transportation 
as such carriers, and corporations authorized by order entered under 
section 213 (a) (1) to acquire control of any such carrier, or of two 
or more such carriers, shall be subject to the provisions of para- 
graphs 2 to 11, inclusive, of section 20a of part I of this Act 
(including penalties applicable in cases of violations thereof) : 
Provided, however, That said provisions shall not apply to such 



[Pen. 2J5.J 



17 



carriers or corporations where the par value of tho securities to be 
issued, together with the par value of the securities then outstanding, 
does not exceed $500,000. In the case of securities having no par 
value, the par value for the purpose of this section shall be the fair 
market value as of the date of their issue: Provided further, That 
the exemption in section 3 (a) (6) of the 'Securities Act, 1933' is 
hereby amended to read as follows: '(6) Any security issued by a 
common or contract carrier, the issuance of which is subject to 'the 
provisions of section 20a of the Interstate Commerce Act, as 
amended; . 

" SECURITY FOR THE PROTECTION OF THE PUBLIC 

_ " Sec. 215. No certificate or permit shall be issued to a motor car- 
rier or remain in force, unless such carrier complies with such reason- 
able rules and regulations as the Commission shall prescribe govern- 
ing the filing and approval of surety bonds, policies of insurance, 
qualifications as a self-insurer or other securities or agreements, in 
such reasonable amount as the Commission may require, conditioned 
to pay, within the amount of such surety bonds* policies of insurance, 
qualifications as a self-insurer or other securities or agreements, any 
final judgment recovered against such motor carrier for bodily 
injuries to or the death of any person resulting from the negligent 
operation, maintenance, or use of motor vehicles under such certifi- 
cate or permit, or for loss or damage to property of others. The 
Commission may, in its discretion and under such rules and regula- 
tions as it shall prescribe, require any such common carrier to file a 
surety bond, policies of insurance, qualifications as a self-insurer, 
or other securities or agreements, in a sum to be determined by the 
Commission, to be conditioned upon such carrier making compensa- 
tion to shippers and/or consignees for all property belong * to shippers 
and/or consignees, and coming into the possession of such carrier in 
connection with its transportation service. Any carrier which may 
bo required by law to compensate a shipper and/or consignee for 
any loss, damage, or default for which a connecting motor common 
carrier is legally responsible shall he subrogated to the rights of 
such shipper and/or consignee under any such bond, polfcies of 
insurance, or other securities or agreements, to the extent of the sum 
so paid. 

" RATES, FARES, AND CHARGES OF COMMON CARRIERS BY MOTOR VEHICLE! 

"Sec. 216. (a) It shall be the duty of every common carrier of 
passengers by motor vehicle to establish reasonable through routes 
with other such common carriers ami to provide safe and adequate 
service, equipment, and facilities for the transportation of passengers 
in interstate or foreign commerce; to establish, observe, and enforce 
just and reasonable individual and joint rates, fares, and charges 
and just and reasonable regulations and practices relating thereto 
and to the issuance, form, and substance of tickets, the carrying or 
personal sample, and excess baggage, the facilities for transporta- 
tion, and all other matters relating to or connected with the trans- 
portation of passengers in interstate or foreign commerce; and in 
case of suc h joint rates, fares, and charges, to establish just, reason- 

1 So In original. 



18 



[Pub. 255.] 



able, and equitable divisions thereof as between the carriers partici- 
pating therein which shall not unduly prefer or prejudice any of 
such participating carriers. 

"(b) It shall be the duty of every common carrier of property by 
motor vehicle to provide safe and adequate service, equipment, and 
facilities for the transportation of property in interstate or foreign 
commerce; to establish, observe, and enforce just and reasonable 
rates, charges, and classifications, and just and reasonable regulations 
and practices relating thereto and to the manner and method of 
presenting, marking, packing, and delivering property for trans- 
portation, the facilities for transportation, and all other matters 
relating to or connected with the transportation of property in 
interstate or foreign commerce. 

"(c) Common carriers of property by motor vehicle may establish 
reasonable through routes and joint rates, charges, and classifications 
with other such carriers or with common carriers by railroad and/or 
express and/or water; and common carriers of passengers by motor 
vehicle may establish reasonable through routes and joint rates, 
fares, or charges with common carriers by railroad and/or water. 
In ease of such joint rates, fares, or charges it shall be the duty 
of the carriers parties thereto to establish just and reasonable 
regulations and practices in connection therewith, and just, rea- 
sonable, and equitable divisions thereof as between the carriers 
participating therein which shall not unduly prefer or prejudice any 
of such participating carriers. 

"(d) It shall be unlawful for any common carrier by motor 
vehicle engaged in interstate or foreign commerce to make, give, or 
cause any undue or unreasonable preference or advantage to any 
particular person, port, gateway, locality, or description of traffic 
in any respect whatsoever, or to subject any particular person, port, 
gateway, locality, or description of traffic to any unjust discrimina- 
tion or any undue or unreasonable prejudice or disadvantage in any 
respect whatsoever : Provided, however, That this paragraph shall not 
be construed to apply to discriminations, prejudice or disadvantage 
to the traffic of any other carrier of whatever description. 

"(e) Any person, State board, organization, or body politic may 
make complaint in writing to the Commission that any such rate, 
fare, charge, classification, rule, regulation, or practice, in effect or 
proposed to be put into effect, is or will be in violation of this section 
or of section 217. Whenever, after hearing, upon complaint or in 
an investigation on its own initiative, the Commission shall be of 
the opinion that any individual or joint rate, fare, or charge, 
demanded, charged, or collected by any common carrier or carriers 
by motor vehicle or by any common carrier or carriers by motor 
vehicle in conjunction with any common carrier or carriers by 
railroad and/or express, and/or water for transportation in inter- 
state or foreign commerce, or any classification, rule, regulation, or 
practice whatsoever of such carrier or carriers affecting such rate, 
tare, or charge or the value of the service thereunder, is or will be 
unjust or unreasonable, or unjustly discriminatory or unduly prefer- 
ential or unduly prejudicial, it shall determine and prescribe the 
lawful rate, fare, or charge, or the maximum or minimum, or 
maximum and minimum rate, fare, or charge thereafter to by 



[Pub. Z5SJ 



19 



observed, or the lawful classification, rule, regulation, or practice 
thereafter to be made effective and the Commission shall, whenever 
deemed by it to be necessary or desirable in the public interest, after 
hearing, upon complaint or upon its own initiative without a 
complaint, establish through routes and joint rates, fares, charges, 
regulations, or practices, applicable to the transportation of pas- 
sengers by common carriers by motor vehicle, or the maxima or 
minima, or maxima and minima, to be charged, and the terms and 
conditions under which such through routes shall be operated; 
Provided, however, That nothing in this part shall empower the 
Commission to prescribe, or in any manner regulate, the rate, fare, 
or charge for intrastate transportation, or for any service connected 
therewith, for the purpose of removing discrimination against 
interstate commerce or for any other purpose whatever. 

"(f) Whenever, after hearing, upon complaint or upon its own 
initiative, the Commission is of opinion that the divisions of joint 
rates, fares, or charges, applicable to the transportation in inter- 
state or foreign commerce of passengers or property by common 
carriers by motor vehicle or by such carriers in conjunction with. 
common carriers by railroad and/or express, and/or water are or 
will be unjust, unreasonable, inequitable, or unduly preferential or 
prejudicial as between the carriers parties thereto (whether agreed 
upon by such carriers, or any of them, or otherwise established), 
the Commission shall by order prescribe the just, reasonable, and 
equitable divisions thereof to be received by the several carriers, 
and in cases where the joint rate, fare, or charge was established 
pursuant to a finding or order of the Commission and the divisions 
thereof are found by it to have been unjust, unreasonable, or inequit- 
able, or unduly preferential or prejudicial, the Commission may 
also by order determine what would have been the just, reasonable, 
and equitable divisions thereof to be received by the several car- 
riers, and require adjustment to bo, made in accordance therewith. 
The order of the Commission may require the adjustment of divi- 
sions between the carriers, in accordance with the order, from the 
date of filing the complaint or entry of order of investigation or 
such other date subsequent as the Commission finds justified and, 
in the case of joint rates prescribed by the Commission, the order 
as to divisions may be made effective as a part of the original order. 

"(g) Whenever there shall be filed with the Commission any 
schedule stating a new individual or joint rate, fare, charge, or 
classification for the transportation of passengers or property by a 
common carrier or carriers by motor vehicle, or by any such car- 
rier or carriers in conjunction with a common carrier or carriers by 
railroad and/or express, and/or water in interstate or foreign 
commerce, or any rule, regulation, or practice affecting such rate, 
fare, or charge, or the value of the service thereunder, the Com- 
mission is hereby authorized and empowered upon complaint of any 
interested party or upon its own initiative at once andj if it so 
orders, without answer or other formal pleading by the interested 
carrier or earners, but upon reasonable notice, to enter upon a 
hearing concerning the lawfulness of such rate, fare, or charge, or 
such rule, regulation, or practice, and pending such hearing and the 
decision thereon the Commission, by filing with such schedule and 



20 



[Pub. ZSS.] 



delivering to the carrier or carriers affected thereby a statement in 
writing of its reasons for such suspension, may suspend the opera- 
tion of such schedule and defer the use of such rate, fare, or charge, 
er such rule, regulation, or practice, for a period of ninety days 
and if the proceeding has not been concluded and a final order 
made within such period the Commission may, from time to time, 
extend the period of suspension by order, but not for a longer 
period in the aggregate than one hundred and eighty days beyond 
the time when it would otherwise go into effect; and after hearing, 
whether completed before or after the rate, fare, charge, classifica- 
tion, 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 of rate, faro, or charge, 
or classification, rule 2 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 by any such carrier 
in bona fide operation when this section takes effect. 

"(h) In any proceeding to determine the justness or reasonable- 
ness of any rate, fare, or charge of any such carrier, there shall 
not be taken into consideration or allowed as evidence or elements 
of value of the property of such carrier, either good will, earning 
power, or the certificate under which such carrier is operating; and 
in applying for and receiving a certificate under this part any such 
carrier shall be deemed to have agreed to the provisions of this 
paragraph, on its own behalf and on behalf of all transferees of 
such certificate, 

"(i) In the exercise of its power to prescribe just and reasonable 
rates for the transportation of passengers or property by common 
carriers by motor vehicle the Commission shall give duo consider- 
ation, among other factors, to the inherent advantages of trans- 
portation by such carriers to the effect of rates upon Ihe movement 
of traffic by such carriers; to the need, in tho public interest, of 
adequate and efficient transportation service by such carriers at 
the lowest cost consistent with the furnishing of such service; and 
to the need of revenues sufficient to enable such carriers, under 
honest, economical, and efficient management, to provide such 
service. 

"(j) Nothing in this section shall be held to extinguish any 
remedy or right of action not inconsistent herewith. 

"tariffs of commox carriers bt motor vehicle 

" Sec. 217. (a) Every common carrier by motor vehicle shall file 
with the Commission, and print, and keep open to public inspection, 
tariffs showing all the rates, fares, and charges for transportation, 
and all services in connection therewith, of passengers or property 
in interstate or foreign commerce between points on its own route 
and between points on its own route and points on the route of any 
other such carrier, or on the route of any common carrier by railroad 
and/or express and/or water, when a through route and joint rate 
shall have been established. Such rates, fares, and charges shall be 
stated in terms of lawful money of the United States. The tariffs 



[Pen. 3M.J 



21 



required by this section shall be published, filed, and posted in such 
form and manner, and shall contain such information, as the Com- 
mission by regulations shall prescribe; and the Commission is 
authorized to reject any tariff filed with it which is not in con- 
sonance with this section and with such regulations. Any tariff 
so rejected by the Commission shall be void and its use snail be 
unlawful. 

"(b) No common carrier by motor vehicle shall charge or demand 
or collect or receive a greater or less or different compensation for 
transportation or for any service in connection therewith between the 
points enumerated in such tariff than the rates, fares, and charges 
specified in the tariffs in effect at the time; and no such carrier shall 
refund or remit in any manner or by any device, directly or indi- 
rectly, or through any agent or broker or otherwise, any portion of 
the rates, fares, or charges so specified, or extend to any person any 
privileges or facilities for transportation in interstate or foreign 
commerce except such as are specified in its tariffs : Provided, That 
the provisions of sections 1 (7) and 22 ( 1 ) of part I shall apply 
to common carriers by motor vehicles subject to this part. 

"(c) No change shall be made in any rate, fare, charge, or classifi- 
cation, or any rule, regulation, or practice affecting such rate, fare, 
charge, or classification, or the value of the service thereunder, 
specified in any effective tariff of a common carrier by motor vehicle, 
except after SO days' notice of the proposed change filed and posted 
in accordance with paragraph (a) of this section. Such notice shall 
plainly state the change proposed to be made and the time when 
such change will take effect. The Commission may, in its discretion 
and for good cause shown, allow such change upon notice less than 
that herein specified or modify the requirements of this section with 
respect to posting and filing of tariffs either in particular instances 
or by general order applicable to special or peculiar circumstances 
or conditions. 

"(d) No common carrier by motor vehicle, unless otherwise pro- 
vided by this part, shall engage in (he transportation of passengers 
or property unless the rates, fares, and charges upon which the 
same are transported by said carrier have been filed and published 
in accordance with the provisions of this part, 

" SCHEDULES OF CONTRACT CARRIERS BY MOTOB VEHICLE 

"Sec. 218. (a)^ It shall be tho duty of every contract carrier by 
motor vehicle to file with the Commission, publish, and keep open 
for public inspection, in the form and manner prescribed by the 
Commission, schedules or, in the discretion of the Commission, copies 
of contracts containing the minimum charges of such carrier for 
the transportation of passengers or property in interstate or for- 
eign commerce, and any rule, regulation, or practice affecting such 
charges and the value of the service thereunder. No such contract 
carrier, unless otherwise provided by this part, shall engage in the 
transportation of passengers or property in interstate or foreign 
commerce unless the minimum cluirges for such transportation by 
said carrier have been published, filed, and posted in accordance witlb 
the provisions of this part. No reduction shall be made in any such 
charge either directly or by means of any change in any rule, regula- 



22 



[Fun. 253.) 



tion, or practice affecting such charge or the value of service there- 
under, except after thirty days' notice of the proposed change filed 
in the aforesaid form and manner; but the Commission may, in its 
discretion and for good cause si) own, allow such change upon less 
notice, or modify the requirements of this paragraph with respect 
to posting and filing of such schedules or copies of contracts, either 
in particular instances, or by general order applicable to special 
or peculiar circumstances or conditions. Such notice shall plainly 
state the change proposed to be made and the time when such change 
will take effect. No such carrier shall demand, charge, or collects 
less compensation for such transportation than the charges filed in 
accordance with this paragraph, as affected by any rule, regulation, 
or practice, so filed, or as may be prescribed by the Commission 
from time to time, and it shall be unlawful for any such carrier, by 
the furnishing of special services, facilities, or privileges, or by any 
other device whatsoever, to charge, accept, or receive less than the 
minimum charges so filed or proscribed: Provided, That any such 
carrier or carriers, or any class or group thereof, may apply to 
the Commission for relief from the provisions of this paragraph, and 
the Commission may, after hearing, grant such relief to such extent 
and for such time, and in such manner as in its judgment is con- 
sistent with the public interest and the policy declared in section 
202 (a) of this part. 

"(b) Whenever, after hearing upon complaint or its own initiative, 
thB Commission finds that any charge of any contract carrier or 
carriers by motor vehicle, or any rule, regulation, or practice of any 
such carrier or carriers affecting such charge, or the value of the 
eervice thereunder, for the transportation of passengers or property 
in interstate or foreign commerce, contravenes the policy declared in 
section 202 (a) of this part, the Commission may prescribe such 
minimum charge, or such rule, regulation, or practice as in its 
judgment may be necessary or desirable in the public interest and to 
promote the policy declared in said section. Such minimum charge, 
or such rule^ regulation, or practice, so prescribed by the Commis- 
sion, shall give no advantage or preference to any such carrier in 
competition with any common carrier by motor vehicle subject to this 
part, which the Commission may find to be undue or inconsistent 
with the public interest and the policy declared in said section, and 
the Commission shall give due consideration to the cost of the 
services rendered by such carriers and to the effect of such minimum 
charge, or such rules, regulations, or practices, upon the movement 
of traffic by such carriers. All complaints shall state fully the facts 
complained of and the reasons for such complaint and shall be 
made under oath. 

"(c) Whenever there shall be filed with the Commission by any 
such contract carrier any schedule or contract stating a reduced 
charge directly, or by means of any rule, regulation, or practice, 
for the transportation of passengers or property in interstate or 
foreign commerce, the Commission is hereby authorized and empow- 
ered 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, 



IPUB. 2M.j 



23 



regulation, or practice, and pending such hearing and the decision 
thereon the Commission, by filing with such schedule or contract 
and delivering to the carrier affected thereby a statement in writing 
of its reasons for such suspension, may suspend the operation of 
such schedule or contract and defer the use of such charge, or such 
rule, regulation, or practice, for a period of ninety days, and if 
the proceeding has not been concluded and a final order made within 
such period the Commission may. from time to time, extend the 
period of suspension, but not for a longer period in the aggregate 
than one bundred and eighty day? 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 ami an order 
made within the period of suspension, the proposed change in any 
charge or ride, 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, or contract or contracts, hied by 
any such carrier in bona fide operation when this section takes effect. 

" RECEIPTS OK B1ELS OF LAMNG 

" Seo. 219. The provisions of section 20 (11) of part I shall apply 
with like force and effect to receipts or bills of lading of common 
carriers by motor vehicle. 

"accouxts, eecokds, and eeforts 

"Sec. 220. (a) The Commission is hereby authorized to require 
annual, periodical, or special reports from all motor carriers, to pre- 
scribe the manner and form in which such reports shall be made, 
and to require from such carriers specific answers to all questions 
upon which the Commission may deem information to be necessary. 
Such reports shall be under oath whenever the Commission so 
requires. The Commission may also require any motor carrier to 
file with it a true copy of each or 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, to which 
he or it may be a party. 

"(b) The Commission may, in its discretion, prescribe the forms 
of any and all accounts, records, and memoranda to be kept by motor 
carriers and the length of time such accounts, records, and memo- 
randa shall be preserved, including the accounts, records, and memo- 
randa of the movement of traffic, as well as of the receipts and 
expenditures of money. The Commission or its duly authorized 
special agents or examiners shall at all times have access to all lands, 
buildings, or equipment of motor carriers used in connection with 
interstate or foreign operation ami also all accounts, records, and 
memoranda, including all documents, papers, and correspondence now 
or hereafter existing, and kept, or required to be keptj by motor 
carriers. The special agents or examiners of the Commission shall 
have authority under its order to inspect and examine any and all 
such lands, buildings, equipment, accounts, records, and memoranda, 



24 



[FtlB. 255.] 



including all documents, papers, and correspondence now or here- 
after existing and kept or required to be kept by such carriers. This 
provision shall apply to receivers of carriers and to operating trus- 
tees and, to the extent deemed necessary by the Commission, to 
persons having control, direct or indirect, over or affiliated with 
any motor carrier. 

"(c) As used in this section the term 'motor carriers' includes 
brokers. 

" OKOF.HS, NOTICES, AND SERVICE OF PROCESS 

"Sec. 221. (a) It shall he the duty of every motor carrier to 
file with the board of each State in which it operates under a cer- 
tificate or permit issued under tins part, and with the Commission, 
a designation in writing of the name and post-office address of a 
person upon whom or which service of notices or orders may be made 
under this part. Such designation may from time to time be 
changed by like writing similarly filed. Service of notices or orders 
in proceedings under this part may be made upon a motor carrier 
by personal service upon it or upon the person so designated by it, 
or by registered ma il addressed to it or to such person at the address 
filed. In default of such designation, service of any notice or order 
may be made by posting in tho office of the secretary or clerk of the 
board of the State wherein the motor carrier maintains headquarters 
and in the office of tho secretary of the Commission. Whenever 
notice is given by mail as provided herein the date of mailing shall 
be considered as the time when notice is served. 

"(b) Except as otherwise provided in this part, all orders of the 
Commission shall take effect within such reasonable time as the 
Commission may prescribe and shall continue in force until its fur- 
ther order, or for a specified period of time, according as shall be 
prescribed in tho order, unless the same shall be suspended or modi- 
fied or set aside by the Commission, or be suspended or set aside by 
a court of competent jurisdiction. 

"(c) Every motor carrier shall also file with the board of each 
State in which it operates a designation in writing of the name and 
post-office address of a person m such State upon whom process 
issued by or under the authority of any court having jurisdiction 
of the subject matter may be served in any proceeding at law or 
equity brought against such carrier. Such designation may from 
time to time he changed by like writing similarly filed. In the event 
such carrier fails to file such designation, service may be made upon 
any agent of such motor carrier within such State. 

"(d) As used in this section, the term 'motor carriers' includes 
brokers. 

" UNLAWFUL, OPERATION 

" Sec. 222. (a) Any person knowingly and willfully violating any 
provision of this part, or any rule, regulation, requirement, or order 
thereunder, or any term or condition of any certificate, permit, or 
license, for which a penalty is not otherwise herein provided, shall, 
upon conviction thereof, l>e fined not more than $100 for the first 
offense and not more than $500 for any subsequent offense. Each 
day of such violation shall constitute a separate offense. 



[Pub. 2M4 



25 



" (b) If any motor carrier or broker operates In violation of any 
provision of this part (except as to the reasonableness of rates, fares, 
or charges and the discriminatory character thereof), or any rule, 
regulation, requirement, or order thereunder, or or any term or 
condition of any certificate or permit, the Commission or its duly 
authorized agent may apply to the district court of the United 
States for an}' district where such motor carrier or broker operates, 
for the enforcement of such provision of this part, or of such rule, 
regulation, requirement, order, term, or condition; and such court 
shall have jurisdiction to enforce obedience thereto by a writ of in- 
junction or by other process, mandatory or otherwise, restraining 
such carrier or broker, his or its officers, agents, employees, and rep- 
resentatives from further violation of such provision of this part or 
of such rule, regulation, requirement, order, term, or condition and 
enjoining upon it or them obedience thereto. 

(e) Any person, whether carrier, shipper, consignee, or broker, 
or any officer, employee, agent, or representative thereof, who shall 
knowingly offer, grant, or give, or solicit, accept, or receive any 
rebate, concession, or discrimination in violation of any provision of 
this part, or who by means of any false statement or representation, 
or by the use of any false or fictitious bilk bill of lading, receipt, 
voucher, roll, account, claim, certificate, affidavit, deposition, lease, 
or bill of sale, or by any other means or device, shall knowingly and 
willfully assist, suffer or permit any person or persons, natural or 
artificial, to obtain transportation of passengers or property sub- 
ject to this part for less than the applicable rate, fare, or charge, or 
who shall knowingly and willfully by any such means or otherwise 
fraudulently seek to evade or defeat regulation as in this part 
provided for motor carrier or brokers, shall be deemed guilty of a 
misdemeanor and upon conviction thereof be fined not more than 
$500 for the first offense and not more than $2,000 for any subse- 
quent offense. 

" (d) Any special agent or examiner who divulges any fact or 
information which may come to his knowledge during the course of 
the examination of the accounts, records, and memoranda of motor 
carriers or brokers as provided in section 220 (b). except as he may 
be directed bv the Commission or by a court of competent juris- 
diction or judge thereof, shall be subject, upon conviction in any 
court of the United States of competent jurisdiction, to a fine of not 
more than $5,000 or imprisonment for a term not exceeding two 
years, or both. 

"(e) It shall be unlawful for any motor carrier or broker engaged 
in interstate or foreign commerce or any officer, receiver, trustee, 
lessee, agent, or employee of such carrier, broker, or person, or for 
any other person authorized by such carrier, broker, or person to 
receive information, knowingly to disclose to. or permit to be acquired 
by any person other than the shipper or consignee without the con- 
sent of such shipper or consignee, any information concerning the 
nature, kind, quantity, destination, consignee, or routing of any 
property tendered or delivered to such motor carrier or broker for 
such transportation, which information may be used to the detri- 
ment or prejudice of such shipper or consignee, or which may 
Improperly disclose his business transactions to a competitor; and 



2G 



IFfB, 255 J 



it shall also be unlawful for any person to solicit or knowingly 
receive any such information which may be so used. 

"(f) Nothing in this part shall be construed to prevent the 
giving of such information in response to any legal process issued 
under the authority of any court, or to any officer or agent of the 
Government of the United States or of any State, Territory, or 
District thereof, in the exercise of his power, or to any officer or 
other duly authorized person seeking such information for the 
prosecution of persons charged with or suspected of crimes or to 
another carrier or broker, or its duly authorized agent, for the 
purpose of adjusting mutual traffic accounts in the ordinary course 
of business of such carriers or brokers. 

"(g) Any motor carrier, or broker, or any officer, agent, employee, 
or representative thereof who shall willfully fail or refuse to make 
a report to the Commission as required by this part, or to keep 
accounts, records, and memoranda in the form and manner approved 
or prescribed by the Commission, or shall knowingly and willfully 
falsify, destroy, mutilate, or a Her any such report, account, record, 
or memorandum, or shall knowingly and willfully file any false 
report, account, record, or memorandum, shall be deemed guilty of 
a misdemeanor and upon conviction thereof be subject for each 
offense to a fine of not less than $100 and not more than $3,000. 

" COLLECTION OF RATES AND CHARGES 

" Sec. 223. No common carrier by motor vehicle shall deliver or 
relinquish possession at destination of any freight transported by it 
in interstate or foreign commerce until all tariff rates and charges 
thereon have been paid, except under such rules and regulations 
as the Commission may from time to time prescribe to govern the 
settlement of all such rates and charges, including rules and regula- 
tions for weekly or monthly settlement, and to prevent unjust dis- 
crimination or undue preference or prejudice: Provided, That the 
provisions of this paragraph shall not be construed to prohibit any 
such carrier from extending credit in connection with rates and 
charges on freight transported for the United States, for any depart- 
ment, bureau, or agency thereof, or for any State or Territory, or 
political subdivision thereof, or for the District of Columbia. Where 
any common carrier by motor vehicle is instructed by a shipper or 
consignor to deliver property transported by such carrier to a 
consignee other than the shipper or consignor, such consignee shall 
not be legally liable for transportation charges in respect of the 
transportation of such property (beyond those billed against him 
at the time of delivery for which he is otherwise liable) which may 
be found to be. due after the property has been delivered to him, 
if the consignee (a) is an agent only and bad no beneficial title in 
the property, and (b) prior to delivery of the property has notified 
the delivering carrier hi writing of the fact of such agency and 
absence of beneficial title, and, in the case of shipment reconsigned 
or diverted to a point other than that specified in the original bill 
of lading, has also notified the delivering carrier in writing of 
the name and address of the beneficial owner of the property. In 
such cases the shipper or consignor, or, in the case of a shipment 
so reconsigned or diverted, the beneficial owner shall be liable for 



[Feu, 2«.I 



27 



r irvln h f\t?i /Tr' ,rres P ect , lve of «"? provisions to the con- 

rnformafiJ \ the .consiniee lias given to the carrier erroneous 
! P 1° °; V1 '° 's the beneficia! owner, such consignee shall 

fo e^fni 6 , * f ° r ^'.additional charges notwithstanding the 

or ivSU } 0V1S10 " S °f ^f r ra - ,il P h " ° n shunts reconsfgned 
of tZ 'I ,*," i, - 1 '" t who has ^''^hed the carrier with a notice 

andSe "n 1C i I - POper J 1 *™ m 'l address of &* M ™ 1 owner! 

d tination th S ^T° ui r * T r< ' f " St,f '"' "'nmd.,™] at ultimate 
otsti nation, the said beneficial owner shall be liable for all lemillv 
applicable charges in connection therewith. g J 

"identification OF INTERSTATE carriers 

" Sec. 224. The Commission is hereby authorized under such 
rules and regulations as it shall prescribe, to require he dismay 
by motor earners upon each motor vehicle operated under a certi? 

Ste or EftJfT 3 -V ?" p"»™--, -"table S£&& 
plate or plates, to provide for the issuance of such elates and to 
require the payment by such carriers of the Sm^V&S thereof 
All moneys so collected shall be paid into the Treasury of S 
United States. Any substitution/transfer, or use of any such 
identifacation plate or plates, except such as may be dulv aXSS 
by the Commission, is hereby prohibited and shall be unlawful 

" INVESTIGATION OF MOTOR VEHICLE SIZES, WBIOHTS, ANU SO FORTH 

"Sec. 225. The Commission is hereby authorized to investio-at. 
and report on the need for Federal regulation of the sizes and wl 
of motor vehicles and combinations^ motor vehicles and of Ihe 
qualifications and maximum hours of service of employees of all 
motor carriers and private carriers of property by motor vehicle ° aid 
m such investigation tim Commission shall avail itself of 1 e assist 
ance of all departments or bureaus of the Government an of an v 
2R£tt£ m0t ° r eUn ' iei ' S hS ™ g Spedal *»«*4? of any 

"BErARAnnjTT OF PROVISIONS 

" Sec. 226. If any provision of this part, or the application thereof 
to any person or commerce, or circumstance, is held inval d the 
remainder of the part, and part, and the application of si el pro" 

affected therehr S ° nSj 0F €0mIIiert ' p! " dmimstances > * ha " s 

" TIME EFI ECT1VE 

-#1S? ^ 2? ' ty ?Y tS pm ( exce P f this section, which shall become 
effective immediately upon approval) shall take effect a ml be ^n 
force on and after. (lie 1st day I October 1935: PrJS^tiUmt 
1 hat he Commission shall. ,f found by it necessary 0r desirable in 
the public interest, by general or special order, postpone the > taMi, 

octobe°i ™i p ::t Tc : ,f this parl , hr* H r nh " z « ^ " 

£ day o* April m^^ 011 ShaU P^"^' bllt n0t "»Wth 
Approved, August 9, 1935. 




I. C. C, Order for District 
Gets Ruling by Tomor- 
row Midnight. 



OBJECTIONS MAY STAY 
ORDER OF COMMISSION 



Alexandria, Arlington and Parts 

of Montgomery and Prince 

Georges Included in Area. 



With definite action due by tomor- 
row midnight on the proposed order 
of the Interstate Commerce Commis- 
sion establishing a commercial zone in 
the District and adjacent Maryland 
and Virginia for administration of the 
motor carrier act, there still mg 
doubt today as to what might be 
expected. 

Objections from any of the inter- 
ested parties in the proceedings would 
act to stay the order, or the commis- 
sion might of its own accord defer 
the effective date beyond the statutory 
20-day period now expiring, but there 
has been no indication of a move 
from either direction. 

Under the proposed order, drawn by 
Examiner Paul Coyle March 26, after 
a hearing, this zone for Washington 
would Include Alexandria and Ar- 
lington County in Virginia, and an 
area within a radius, roughly, of 9 
to 10 miles from the Zero Milestone 
into Montgomery and Prince Georges 
Counties, Md. 

Exempt From Rate Fixing. 

Within this area, common and con- 



tract truck and bus operation;, 
though actually interstate In char- 
acter, would be subject only to the 
safety and employe -hours -of -service 
provisions of the motor carrier act, 
and would be exempt from the rate- 
fixing sections that apply to interstate 
traffic generally. 

These zones are to be created, under 
the act, In metropolitan districts all 
over the country, where the ordinary 
commerce of a community cuts across 
a State line, being Intended to free 
what might be described as an intra - 
terminal movement from broad Fed- 
eral regulations. 

In some quarters there was a feel- 
ing the commission might itself sus- 
pend the order, pending a determina- 
tion in similar cases before it. The 
commission has conducted zone pro- 
ceedings in New York, Philadelphia, 
Chicago, St. Louis and Los Angelea 
(the issue arose in the last-named 
because of land- water commerce). In 
deciding these, which are more com- 
plex than the local case, because of 
the volume of business Involved, 
precedents were anticipated that 
would serve as guides for the future. 

Witnesses' Views Differ. 

Witnesses before Examiner Coyle 
differed widely in their views as to 
the limits to be placed on the exempt 
zone, the Corporation Commission of 
Virginia and District of Columbia 
Trucking Association, for example, 
wanting it to conform to the District 
lines, while local merchants, served 
by contract haulers, asked a 20-mile 
radius. The Capital Transit Co, 
sought exemption for bus operations 
as distant as Laurel, Gaitheisburg and 
Mount Vernon, but it was said at 
the company's offices today that no 
exceptions were being filed. 

If the order goes into effect, those 
common carriers who were operating 
prior to June 1, 1935, and contract 
carriers operating prior to July 1, 1935, 
but who did not file applications undei 
the motor carrier act, must discon- 
tinue activities until applications are 
filed if they go outside of the zone. 

Those not operating before those 
dates, and who have not filed applica- 
tions, would be required to make ap- 
plication and justify their right tc 
operate, in the meantime suspending 
service. 

All common carriers must file fixed 
tariffs with the commission and 
contract carriers their schedule oI ( 
minimum charges. 



CJt'ppss*5- frctr? fhe ytf?s/?//7<ifosT ^y<?sr/s?y Sfas; ^pr// /^ /9J7: 




ee the 
Wonders of 

Jasper National Park 

prior /h /*-?*>. 




~J~fte$e jbasse5 &re fyf/agt of fheie- tfJfiS far mfer- 



LUXURIOUS 
NEW-TYPE 
C HAIRS — 
RECLINING 
TO i POSITIONS 



MOTOR IN REAR 
FOB MOKE 
POWER-LESS 

VIBRATION 



SEATS ABOVE 
WHEEL LEVEL 
FOR SMOOTH 
RIDING AND 

BETTER 
OBSERVATION 



OVERHEAD RACK 
FOR PARCE15 
HATS 1 WRAPS 



ALUMINUM 

ROLLER 
SUN SHADES 



PURE AIR 

VENII141ING 
SYSTEM 




DRIVER SITS 

HIGH-WITH 

COMPLETE 

VIEW OF 

ROAD 



DEPRESSED AISLE 

FOR AMPLE 

STANDING 

ROOM 



ALL LUGGAGE 
CARRIED UNOEBNEATK 

IN WEATHER-PROOF 
LOCKED COMPARTMENTS 



SAFETY GLASS 
THROUGHOUT 



LOW ENTRANCE 
EAST STEP-UP 



CONCEALED 

SPARE TIRt 

COMPARTMENT 



GREYHOUND'S NEW 

Tin? radically different Greyhound Super-Coach is the ones! 
motor bill on American highways. Among the moat out- 
standing of its many revolutionary feature* are : 

(1) Motor in the rear, providing estra passenger space 1 1 : e . 

instead if 33} ; eliminating heat, noise anil fumes: Improving 
driver's view of traffic; eliminating long drive ahuft; improv- 
ing smooth-riding qualities of lite coach; providing quieter, 
more efficient npi i ■-. 

(2) Baggage compartments underneath the Hoot no baggage 
la] ricd on roof or inside. Uoinparl incut* watertight anil 
dustproof. Baggage underneath makrA roach ricfe easier, 

(3) Seat* raised 18 inches — bringing them above wheel level, 
making [hem ride more smoothly than ever, and eliminating 
wheel ho using neats. Extra leg room, more comfortable 
chain, adjustable to i positions, smartly designed and 
upholstered. Passengers look over the lops of passing ears, 
yet center of gravity ol the new coaeh ia lower I ban ever— 
an added safely lea [tire. 



SUPER-COACH 

(4) Improved ventilato,., and cooling by means of powerful 
blowers bringing ait into the coaeh through perforated false 
roof. Air is completely changed every twn minute*, 

(5) Mote hot-water healers, distributed throughout the 
coach— ran maintain temperature of TO degrees inside when 
weather is 35 below wrt>. 

(G) Duralumin body— stronger than steel, but two tons 
lighter than nltler coach ea. 

(7) Other features; Safely glass throughout; lighting by 
frosted irljss tubes di.son the center of (he ceiling and at 
each aide; recessed aisle, permitting even tall passengers 
to stand erect; improved air brakes; new type of adjustable 
fuolreal; small overhead racks for hats, purses, -null parcels; 
dual ignition, fuel pomps, and electrical systems for the 175 
hrtrse- power motor to prevent road failures; moderate 
stcumliuing. 




BUSES LIKE THIS OLD ONE 
USED BY A PREDECESSOR OF GREYHOUND 
LIMES SEEM ANTIQUATED BESIDE THE 
STREAMLINED SUPERCOACH TODAY . . . YET 
ONLY A FEW YEARS SEPARATE THEM. 



J>tfJ w'ftr orre used tzJ>e>t<f /?23, 




7~f?/5 /S tf ph&to of a/7 J~*rf<?r-s7afso*7#/ />uj 
pttrc foase^ ts&oat /<?26 J*y ?■&& &/&<> /f>o^<?» Z/f&s . /^e^^^J 

from SPdc//?* or fs-&cAs . 




J?y Gesren?/ Sjbfyrv. 7~/?Sj £esr t's s'*r tsar J?y /Ar &/**■*■ /Kf'<jjr ///rw <?>-*=/ 
SP preset f j t&e d'e^/^/f for /9js~ t?sr</ /9J6. '93? swot/e/s rvJr/cA ctrr sref 
yef o*f fhe r"0<?</ *y/// Jr&rf fJtr Cn^/rre' ^ra^f^y^ across f£r s~e<&r- 

QMe/ rYf// frar-C a 6/(s*rf frOsT? &?</ 



gty m6lA GREYHOUND'S NEW SUPER-COACH! 




QUICKLY TOLD FACTS OF INTEREST ABOUT BUSES 



* Motor buses an- pnnl ritiwns. They render a definite 
public service, they help lo hind together llie far-flung 
corners of the nation, and they pay millions of dollars 
annually in taxes. 

• The bus in which you are riding 
is one of the biggest taxpayers in 
America, During 1935, the aver- 
age intercity motor bus operated 
paid a total of $1,185.56 in taxes 
nearly 30 limes the license fee and 
gas tax paid by the average motor 
vehicle. Taxes and fees consumed 
about 13% of the total revenue of intercity bus companies. 




• More than half the population of the United States 
lives in territory served directly by Greyhound Lines— 
the remainder within short connecting distance. 

• Greyhound Lines operate about 2.000 buses . . . serve 
nearly 50,000 miles of highway routes (more than twice 
the distance around the earth) . . . 
travel 138 million miles in a year 
. . . operate 200 garages . . . give em- 
ployment to more than 12,000 people 
. . . operate over more miles of lines, 
and offer more transcontinental 
routes, than any other public trans- 
portation system. 





• Kor ciiery mile of highway used 
during 1935, intercity buses paid 
$81.20 in taxes— an amount equal 
lo 17% oi ihe total cost per mile of 
maintaining those highways, 
though intercity buses repre- 
sent only 1 out of every 1,103 
vehicles using such highways. Total 
taxes paid by intercity buses 
amounted lo more than 28 million 
dollars- nearly all of which is spent for construction and 
maintenance of public highways. The fact that the average 
gasoline lax was more than 4c per gallon and that the 
average bus operated used approximately 12,000 gallons 
of gasoline in 1935, indicates how heavily motor buses 
contribute lo the building and upkeep of highways. 

• Motor bus lines provide employment for hundreds of 
thousands . , . serve more than 
'18,000 communities and nearly 12 
million people who are reached by 
no other public transportation. They 
offer millions of taxpayers who do 
not own automobiles their only op- 
portunity of enjoying the highways. 

Copyright, 1936, The Greyhound Corporation 




%> 




• The average motor bus is more than 7 limes as safe as 
the average private automobile, according lo records of 
the National Safety Council. Greyhound is even safer than 

the average, for Greyhound has won 
the National Safety Council award 
for safe operation of intercity buses 
ei'ery year it has been offered. 
Drivers arc carefully selected for 
natural courtesy and physical fit- 
ness, thoroughly trained, and con- 
stantly encouraged hy awards and 
bonuses to maintain perfect safety 
records. Rigid inspection and maintenance of buses keep 
equipment in first-class condition at all times. Greyhound 
holds the world's safety record for intercity bus fleets— 
l£49,143 miles u'tlhnut a single arritfenl I not even a 
scratched fender!)— and has approached this phenomenal 
record many other times, 

• Travel by Greyhound costs from 25% to 65% less than 
other public transportation . . . and shout one-third as 
much as driving an average private automobile. Figures 
from reliable sources indicate that the average cost of 
driving a private car is 4V> cents per mile, as against less 
than 1% cents per mile average for round trip fares 
by Greyhound. 

Printed in U.S.A. 



ARTICLE 81, TITLE 

"REVENUE AND TAXES" 

INTER-STATE PASSENGER OPERATION 

Inter-state Passenger Transportation 

Public Service Permit — Fees 

199. It shall be the duty of each owner of a 
motor vehicle to be used in the inter-slate trans- 
portation of passengers for hire operating over 
State, State-Aid, improved county roads, and 
streets and roads of incorporated towns and cities 
in the State of Maryland: 

(1) to secure a permit from the Public Service 
Commission of Maryland to operate over said 
roads and streets; 

(2) to present same to the Commissioner of 
Motor Vehicles annually, at the time and ac- 
cording to the method and provisions prescribed 
by law for the making of applications for regis- 
tration tags in the case of all other motor vehi- 
cles; 

(3) to make an application in writing for reg- 
istration with the Commissioner of Motor Vehi- 
cles, and to state in said application besides the 
other matters by law provided; 

(a) the seating capacity for passengers of 
said motor vehicle; 

(b) the route on which said motor vehicle is to 
be used; 

(c) whether reserve or substitute motor vehi- 
cles are maintained by the applicant to be used 
only in emergencies, and if so, the number of 
such reserve and substitute motor vehicles and a 
complete description of each, such motor vehicles 
when in use to be designated by a special marker 
to be furnished by the Commissioner of Motor 
Vehicles; 

(d) the length of the route in miles on State, 
State-Aid, improved County roads, and streets 
and roads of incorporated towns and cities, re- 
spectively, in the State of Maryland; 

(e) the weight of the vehicle; and 

(f) the schedule under which it shall be op- 
erated; and 

(4) for each motor vehicle, except reserve or 
substitute vehicle, a fee shall be paid to the Com- 
missioner of Motor Vehicles for certificates of 
registration issued by him, of one-eighteenth 
(l/18c) of a cent per each passenger seat mul- 
tiplied by the total number of miles that said ap- 



plication shall show will be traveled by such motor 
vehicle over the State, State- Aid, improved County 
roads, and streets and roads of incorporated 
towns and cities in the State of Maryland, during 
the year for which said certificate is issued; and 
no other additional fees, licenses or tax, shall be 
charged by the State or any County or municipal 
sub-division of the State except the property tax 
and gasoline tax on gasoline purchased in Mary- 
land in respect to such vehicles or their opera- 
tion. 

Distinctive Tags 

Issued By Commissioner Of Motor Vehicles 

For each such motor vehicle the Commissioner 
of Motor Vehicles shall furnish a distinctive 
marker or tag, which tag or marker shall be car- 
ried and displayed in such manner as directed by 
the Commissioner of Motor Vehicles. 

A copy of the application fded with the Com- 
missioner of Motor Vehicles shall be forwarded 
to the State Roads Commission, which shall there- 
upon compute the fee payable by such motor ve- 
hicle owner for each motor vehicle for which ap- 
plication for registration has been made. 

Such computation shall be based upon the mile- 
age to be traversed by said motor vehicle upon 
all highways having a hard, smooth surface, com- 
posed of gravel, shells, crushed stone, concrete, 
paving blocks, asphalt, or other similar sub- 
stances. 

The State Roads Commission shall have author- 
ity, in dispute cases, to determine which roads 
and streets upon which such motor vehicles are 
to be operated should be included in the compu- 
tation. 

The State Roads Commission, after making 
such computation, shall forthwith certify the 
same to the Commissioner of Motor Vehicles, 
whereupon the fee shown to be payable by said 
computation shall immediately be paid by such 
motor vehicle owner to the Commissioner of Mo- 
tor Vehicles. 

Upon the filing of the application and the pay- 
ment of the fees as herein provided, it shall be the 
duty of the Public Service Commission to grant 
the application, and the Commissioner of Motor 
Vehicles shall forthwith grant the license in ac- 
cordance with said application. 



£jrcerpts fr-esrr fhe /tyefer Jte/tic/e Zayyj of yAgrryAfsrc/ 



BIBLIOGRAPHY 

Bus Transportation 

- the monthly trade journal of the National Association 
of Motor Bus Operators 
Fortune Magazine 
The Baltimore Sun 

Court proceedings of the State of Maryland 
Court proceedings of the United States Supreme Court 
General Motor Vehicle Laws of Maryland 
Reports of the Federal Coordinator of Transportation 



ACJQTO-LEDG^^^TS 



The author is particularly indebted to Mr. Frank Harper, 
executive secretary of the Maryland Public Service Commission, and 
to the staff of the Commission for their cooperation and help in 
assembling material for this thesis* 

Thanks are also given to "Dr. Morgan and others of the 
Interstate Commerce Commission, to the Blue Ridge Transportation Co», 
and to the Greyhound Corporation for helpful information obtained from 
them*