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Topic: Motor Carrier Act

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	Motor Carrier Act (Site not responding. Last check: 2007-10-08)
		Federal Motor Carrier Safety Administration (FMCSA) Responsible for the issuance, administration, and enforcement safety regulations, hazardous materials regulations, as it pertains to the drug and alcohol testing requirements.
		The Aircraft Carrier Memorial Association Engraved is the name of every Aircraft Carrier from USS Langley CV-1 to USS John C. Stennis CVN-74, funded by donations from the many friends of the Navy and former Carrier Shipmates.
		Motor Carrier Compliance and Safety Co. Provides carrier compliance and safety services to the transportation industry.
	www.serebella.com /encyclopedia/article-Motor_Carrier_Act.html (461 words)

	MOTOR CARRIER COMMISSION REGULATORY REVIEW
		The Motor Carrier Act was created in 1939 and has had no major updates other than the deregulation of the trucking and freight industry.
		Legislative amendments for the penalty sections of the Motor Carrier Act are being prepared for the spring 2003 legislative session.
		Carriers will be notified in advance of any regulatory or policy changes that may affect them or their licences.
	www2.news.gov.bc.ca /nrm_news_releases/2003TRAN0003-000126-Attachment1.htm (747 words)

	CNLR 965/96 - Motor Carrier Regulations under the Motor Carrier Act
		For the purpose of the Act and these regulations the board and the registrar may issue and use the forms as considered necessary, and applications, notices and reports shall be in the form that is prescribed by the board or the registrar.
		A motor carrier certified to operate an irregular service shall transport passengers, baggage or parcel express requiring transportation to the extent of his or her available equipment and in accordance with the conditions and at the tariff rates set out in the certificate.
		(1) An application by a motor carrier for approval of an amendment to his or her certificate to authorize additional or extended services, routes or areas shall be presented in the same manner as other applications to the board.
	www.gov.nf.ca /hoa/regulations/rc960965.htm (4842 words)

	DOL WHD: Fact Sheet #19: The Motor Carrier Exemption Under the Fair Labor Standards Act (FLSA)
		This exemption has been interpreted as applying to any driver, driver's helper, loader or mechanic employed by a carrier and whose duties affect the safety of operation of motor vehicles in the transportation on public highways of passengers or property in interstate or foreign commerce.
		A carrier may improperly apply the Section 13(b)(1) overtime exemption to employees of the company who are not engaged in "safety affecting activities", such as dispatchers, office personnel, those who unload vehicles or those who load but are not responsible for the proper loading of the vehicle.
		Only drivers, driver's helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce, can be exempt from the overtime provisions of the FLSA under Section 13(b)(1).
	www.dol.gov /esa/regs/compliance/whd/whdfs19.htm (716 words)

	How do you rate? Understanding how the government measures fleet safety
		Carriers are given a rating of satisfactory, conditional, or unsatisfactory for each area.
		A carrier with more than two conditional ratings, or one unsatisfactory rating and one or no conditional ratings, gets an overall rating of "conditional." This rating allows the carrier to continue operating while it tries to get its safety act together.
		The carrier sued DOT and won, based on the fact that the agency had not established a process by which to determine a pattern of violations.
	fleetowner.com /mag/fleet_rate_understanding_government/index.html (641 words)

	Emmett DPS Motor Carrier Division (Site not responding. Last check: 2007-10-08)
		Motor Carrier units carry portable scales to perform weight checks on commercial vehicles that may not cross state weigh stations.
		Motor Carrier Officers perform a full range of enforcement duties including the detection and apprehension of individuals who use commercial vehicles in their criminal activities.
		Motor Carrier Officers have great expertise in the gathering of critical facts and evidence at crashes involving trucks.
	www.emmettps.org /motorcarrier.htm (1440 words)

	FMCSA - Regulation: 390.3
		This applies to motor carriers that operate CMVs as defined under part 390 which includes vehicles which have a GVWR of 10,001 pounds or more or are designed or used to carry passengers for compensation, except 6-passenger taxicabs not operating on fixed routes.
		For that period, the motor carrier is also required to comply with those portions of the FMCSRs that deal with drivers, driving, and records related to or generated by drivers, primarily those in 49 CFR parts 387, 391, 392, 395 and 396.
		The carrier’s involvement in interstate commerce must be established by some concrete evidence such as an actual trip in interstate commerce or proof, in the case of a “for hire” carrier, that interstate business had been solicited.
	www.fmcsa.dot.gov /rulesregs/fmcsr/regs/interp390.3.htm (4515 words)

	RSNL1990 CHAPTER M-19 - MOTOR CARRIER ACT
		The board shall process all applications for certificates in a similar manner irrespective of the size or type of motor carrier operation in relation to which the application is being made.
		Highway Traffic Act attach the plate or sticker to the vehicle in respect of which it is issued in such a manner that it is clearly visible at all times from the highway.
		The powers and duties of the board with respect to the holding of a hearing under this Act extend to the holding of a hearing jointly with a body constituted under the laws of a jurisdiction outside the province and having substantially similar powers and duties as the board.
	www.gov.nf.ca /hoa/statutes/m19.htm (4909 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		With the adoption of the Motor Carrier Act, the national government embarked on the regulation of a type of interstate traffic, many of whose regulatory problems bear little resemblance to those of other systems of transportation which had previously been subjected to Congressional control.
		In the Motor Carrier Safety Regulations, promulgated by the Commission, safety of equipment is treated as synonymous with or the equivalent of parts and accessories of motor cars affecting safety.
		Barnwell Bros., supra, the sizes and weights of motor vehicles and their loads present safety problems which are special and distinct from those involved in the driving and movement of cars ordinarily known as their operation, and from their parts and accessories ordinarily referred to as motor car equipment.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=us&vol=309&invol=598 (3822 words)

	Michigan Legislature
		Motor carrier safety appeal board; creation; membership; duties; person not physically qualified to drive; waiver to drive commercial motor vehicle; application; requirements; issuance of waiver; validity; renewal; notice; suspension or revocation; denial of application for waiver; appeal; effect on worker's compensation status.
		Motor carriers; submission of documents to motor carrier officer; inspection of cargo.
		Ordinances or resolutions inconsistent with act; "inconsistent" defined; fine for operating vehicle with serious safety defect; exception; issuance of more than 1 citation; requirements as motor carrier enforcement officer.
	www.legislature.mi.gov /mileg.asp?page=getObject&objName=mcl-Act-181-of-1963 (419 words)

	History of Trucking Regulation at LAWDOG®
		The Motor Carrier Act, enacted by Congress in 1935, gave to the Interstate Commerce Commission (ICC) the authority to regulate motor carriers and drivers involved in interstate commerce by controlling operating permits, approving trucking routes, and the setting of tariff rates.
		When the Commercial Motor Vehicle Safety Act of 1986 was enacted, the goal of the Act was to improve highway safety by attempting to determine that drivers of large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways.
		The Transportation Equity Act for the 21st Century also established a $10,000 maximum penalty for all non-recordkeeping violations of the safety regulations, and clarified the definition of commercial motor vehicles.
	www.lawdog.com /transport/tp1.htm (784 words)

	Michigan Appellate Digest - 226052 Westlake Transportation, Inc v Public Service Commission (Site not responding. Last check: 2007-10-08)
		A motor carrier must register with the state in which it has its principal place of business, if it is a participating state, or with the participating state in which it operates the most vehicles.
		In 1998, the plaintiffs contended that the PSC was using motor carrier fees to fund preempted portions of the MCA, and in 1998 it moved for a partial stay and bifurcation of issues, to permit a period for discovery regarding the use of the fees.
		The purpose of the MCA is to regulate the operation of motor carriers, and fees are imposed under the act to fund the enforcement of the regulatory purposes.
	courtofappeals.mijud.net /Digest/newHTML/22605221.htm (2472 words)

	CHAPTER M-16 - Motor Carrier Act (Site not responding. Last check: 2007-10-08)
		"taxicab" means a motor vehicle having a seating capacity of not more than six persons, exclusive of the driver, used in the transportation of individuals for gain.
		6(1) No licence shall be issued to a motor carrier unless there is filed with the Board a certificate of insurance of an insurance company or association authorized to transact business in the Province, in a form satisfactory to the Board, that certifies that the insurance requirements prescribed by regulation have been satisfied.
		10(1) No licensed motor carrier shall sell, lease, transfer, delegate or assign its motor carrier business or its licence or any right thereunder to another person, or enter into a consolidation or merger with another person unless it files an application with the Board in accordance with section 4 and such application is granted.
	www.gnb.ca /0062/acts/acts/m-16.htm (3475 words)

	Instrastate Trucking: Stronghold of the Regulators
		Carriers and shippers interviewed generally supported further deregulation in the belief that it would benefit the Colorado economy, their consumers, and the intrastate trucking industry as a whole.
		Attempts to declare movements by integrated carriers movements in intrastate commerce and therefore subject to the jurisdiction of the individual states are the ultimate in harassment tactics.
		The essential conclusion regarding the motor carrier industry is that no objective evidence has been found to support a position that economic deregulation has caused a degradation of highway safety.
	www.cato.org /pubs/pas/pa-204.html (14038 words)

	Motor Carrier Act (Site not responding. Last check: 2007-10-08)
		Motor Carrier Act of 1991 Title IV of the Intermodal Surface Transportation Efficiency Act of 1991 (SuDoc TD 4.2:M 85/991/sum.)
		An Act to Restore Motor Carrier Safety Enforcement Authority to the Department of Transportation (SuDoc AE 2.110:106-73)
		Motor Carrier Safety Assistance Program Reauthorization Act of 1991 : report of the Senate Committee on Commerce, Science, and Transportation on S. 631 (SuDoc Y 1.1/5:102-96)
	www.freeglossary.com /Motor_Carrier_Act (220 words)

	OSCN Found Document:PURE OIL CO. v. OKLAHOMA TAX COMM'N
		In this connection it is urged that the act is unconstitutional because it is discriminatory, arbitrary, indefinite and impracticable of application.
		State Corporation Commission, 154 Okla. 121, 7 P.2d 123, 80 A. 561, we construed the 1929 act, (chapter 253), which by its terms applied to motor carriers "doing an intercity business," though the definition of "intercity" which is contained in the present act was not a part of the 1929 act.
		The statement that it defined motor carriers was sufficient to put the members of the Legislature, and the Governor, on notice of what the act contained with reference to including those carriers engaged in industrial pursuits, or to put them on notice that it possibly contained some legislation concerned therewith.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=23305 (1875 words)

	F:\95BILLS\HB1719.HTM
		Provided, further, all motor carriers of property shall be subject to the provisions of § 23-13-265, § 23-13-252 and all rules and regulations made and promulgated by the Commission with respect to financial fitness and insurance requirements.
		Failure to carry the receipt and maintain adequate proof of public liability insurance shall subject the motor carrier to the civil and criminal penalties and fines as are authorized by this subchapter.
		Every motor carrier of property initially complying with all the provisions of subsection (a) to the satisfaction of the Commission and is issued an annual receipt shall thereafter be issued an annual receipt upon complying with subdivisions (a)(4), (a)(6), (a)(8), and (a)(9) of this section.
	www.arkleg.state.ar.us /ftproot/Bills/1995/HTM/HB1719.HTM (1283 words)

	federal regulations pertaining to the qualifications of truck drivers (Site not responding. Last check: 2007-10-08)
		In 1935, the Motor Carrier Act was promulgated by the United States Congress.
		Despite extensive deregulation of the trucking industry through the 1980's and the transfer of licensing and monitoring of professional truck drivers to the States, the FMCSR remain the sole safety standard by which professional truck drivers and motor carriers are required to follow in the operation of commercial motor vehicles.
		Each professional truck driver and motor carrier is required to "comply with [the FMCSR Parts 383, 390-397, 399] at all times.
	www.uslaws.com /federal.htm (347 words)

	FINANCIAL RESPOSIBILITY FOR MOTOR CARRIERS at LAWDOG® Center
		Motor carriers of property operating commercial motor vehicles in interstate, foreign, or intrastate commerce, and for-hire carriers of passengers operating in intrastate or foreign commerce must have at least the minimum amount of insurance required by law.
		Endorsements for Motor Carriers of Passengers policies of insurance for public liability under Sections 29 and 30 of the Motor Carrier Act of 1980 (Form MCS-90) issued by an insurer.
		A Motor Carrier Surety Bond for public liability under Section 30 of the Motor Carrier Act of 1980 (Form MCS-82) issued by a surety.
	www.lawdog.com /transport/saf2.htm (323 words)

	29CFR782.782.2 - Requirements for exemption in general.
		Comet Carriers, 151 F. (2d) 107 (C.A. (b)(1) The carriers whose transportation activities are subject to the Secretary of Transportation jurisdiction are specified in the Motor Carrier Act itself (see Sec.
		His jurisdiction over private carriers is limited by the statute to private carriers of property by motor vehicle, as defined therein, while his jurisdiction extends to common and contract carriers of both passengers and property.
		Ispass, 330 U.S. 695) Safety of operation as used in section 204 of the Motor Carrier Act means ``the safety of operation of motor vehicles in the transportation of passengers or property in interstate or foreign commerce, and that alone.'' (Ex parte Nos.
	www.dol.gov /dol/allcfr/ESA/title_29/Part_782/29CFR782.2.htm (1230 words)

	A BILL
		Clause 1 of the Bill would amend section 2 of the Motor Carrier Act to include definitions of the terms "bus", "chartered trip", "Trans Canada Highway", and "Trans Canada Highway corridor" and to define "public service vehicle" to mean a vehicle that has to operate under a certificate.
		Clause 2 of the Bill would repeal and substitute section 4 of the Act to prohibit the operation of certain transportation services on the Trans Canada Highway corridor without a certificate granted under the Act and provide exceptions for charters, ferry and airport shuttle services and for passengers travelling between certain points.
		Clause 3 of the Bill would repeal and substitute section 6 of the Act to authorize the Board of Commissioners of Public Utilities to issue certificates to operate ambulances and to operate buses along the Trans Canada Highway corridor.
	www.gov.nf.ca /hoa/bills/Bill0129.htm (992 words)

	Michigan Appellate Digest - 182950 In re Federal Preemption of Provisions of the Motor Carrier Act (Site not responding. Last check: 2007-10-08)
		The PSC acted properly, and the constitutionality of the safety regulations is not appropriately presented for appellate consideration.
		In this case, the plaintiff motor carriers requested state regulation, and the state laws parallel the federal laws, and the PSC thus improperly concluded that state regulatory requirements regarding joint rates and classifications were preempted by the FAAAA.
		Under the Motor Carrier Act, a lease, contract, or arrangement must provide that, at all times the vehicle is being operated under the lease, contract or arrangement it will be operated only by persons who are employees of the holder who stand in relation to the holder as employee to employer.
	courtofappeals.mijud.net /Digest/newHTML/18295021.htm (990 words)

	REGULATION 84-301 - MOTOR CARRIER ACT
		6(1) Notice of hearing shall be served by the applicant on any competing common carrier and on the mayor of any municipality or rural community to or through which the proposed transportation service is to be operated.
		37 No public motor bus shall be driven with a trailer or other vehicle attached thereto, except that a bus may be towed for repairs.
		49(2) A licensed motor carrier transporting goods and chattels or other freight payable cash on delivery must keep all moneys thus received in a separate bank account and remit to whom it is due within seven days following delivery.
	www.gnb.ca /0062/regs/84-301.htm (1234 words)

	FMCSA - Motor Carrier and Driver Laws - Federal Motor Carrier Safety Administration
		Motor Carrier Safety Improvement Act of 1999 - Public Law 106-159 (113 Stat.
		Federal Motor Carrier Safety Regulations; Waivers, Exemptions, and Pilot Programs; Public Meeting - August 20th public meeting requesting information on implementing section 4007 of the Transportation Equity Act for the 21st Century.
		The Motor Carrier Exemption Under the Fair Labor Standards Act (FLSA) - This exemption applies to any driver, driver's helper, loader or mechanic employed by a motor carrier and whose duties affect the safety of operation of motor vehicles in transportation on public highways of passengers or property in interstate or foreign commerce.
	www.fmcsa.dot.gov /rulesregs/fmcsr/laws.htm (210 words)

	Motor Carrier Safety (Site not responding. Last check: 2007-10-08)
		Complaints of unsafe truck operations and illegal or unethical motor carrier operations are accepted from the public and other elements of government at all levels.
		Orientation and training in motor carrier safety inspection, hazardous materials identification, and incident response are provided at no cost on a funds and time availability basis to State and local enforcement and emergency response personnel.
		Eleven thousand seventy three students (Federal and State) were in hazardous materials transportation and motor carrier safety regulations and drug interdiction programs.
	www.coloradofirechiefs.org /data/grants/motor_carrier_safety.htm (396 words)

	Find in a Library: Motor Carrier Act of 1980 : hearing before the Subcommittee on Surface Transportation of the ...
		Find in a Library: Motor Carrier Act of 1980 : hearing before the Subcommittee on Surface Transportation of the Committee on Commerce, Science, and Transportation, United States Senate, Ninety-seventh Congress, second session, on oversight of the Motor Carrier Act of 1980, December 14, 1982.
		Motor Carrier Act of 1980 : hearing before the Subcommittee on Surface Transportation of the Committee on Commerce, Science, and Transportation, United States Senate, Ninety-seventh Congress, second session, on oversight of the Motor Carrier Act of 1980, December 14, 1982.
		Carriers -- Law and legislation -- United States.
	www.worldcatlibraries.org /wcpa/ow/f4cf8e93f5175815.html (121 words)

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