Summary: H.R.4406 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.4406. Bill summaries are authored by CRS.

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Introduced in House (03/05/1992)

Trucking Regulatory Reform Act of 1992 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by motor carriers of property; and (2) minimize the need for Federal regulatory control over the motor carrier transportation system and require fair and expeditious regulatory decisions when regulation is required.

Requires the Interstate Commerce Commission (ICC) to exempt motor carriers providing transportation of non-household goods from its jurisdiction whenever it finds that: (1) its jurisdiction is not necessary to carry out U.S. transportation policy; and (2) either such transaction or service of the motor carrier is of limited scope, or ICC jurisdiction is not needed to protect shippers from the abuse of market power. Authorizes the ICC to exempt transportation provided by such motor carriers as a part of a continuous intermodal movement.

Declares that the fact that a rate, classification, rule, or practice relating to motor common carriers was included in a tariff duly filed with the ICC shall not relieve such carriers from liability or any remedy under the antitrust laws in instances where the conditions of an agreement between such carriers regarding such rate, classification, rule, or practice are not met, unless the ICC has determined its reasonableness. Prohibits agreements approved by the ICC from providing for docketing of the independent actions of carriers of non-household goods, or for discussion of or voting upon such actions.

Excepts from the general reasonableness standard: (1) independently determined rates or rates determined by the independent action of motor carriers providing transportation of property of non-household goods; and (2) the establishment of through routes by such carriers. Excludes divisions of joint rates by such carriers from the general requirement that they be made without unreasonable discrimination against a participating carrier, and that they must be reasonable.

Requires the ICC to prescribe only the maximum rate of the classification, rule, or practice to be followed in the case of a motor common carrier providing transportation of non-household goods which establishes rates collectively in an organization established or continued under an approved agreement or by certain independent action.

Declares that the ICC is not authorized to begin immediately on its own initiative or on application of an interested party a proceeding to determine the lawfulness of proposed rates, classifications, rules, and practices that are independently determined, or established by independent action, by motor common carriers providing transportation of non-household goods. Authorizes the ICC to make such a determination when a new rate, classification, rule, or practice established by independent action or collectively by an approved agreement is filed with the ICC by or on behalf of a motor common carrier or two or more interlining motor common carriers of non-household goods.

Prohibits the ICC from investigating, suspending, revising, or revoking any rate proposed by a motor common carrier providing transportation of household goods on the grounds that such rate is unreasonable because too high or too low if specified requirements are met. Allows the ICC to take such action with respect to rates proposed by motor carriers providing transportation of non-household goods.

Subjects the docketing of rates by independent actions by motor common carriers of property other than household goods to the U.S. antitrust laws. Bars construction as a violation of such antitrust laws the docketing of independent actions by motor carriers providing transportation of non-household goods.

Prohibits the ICC from investigating, suspending, revising, or revoking any rate proposed by a motor common carrier providing transportation of non-household goods on the grounds that such a rate is unreasonable because too high, unless the proposed rate is established by independent action or established collectively under an agreement approved by the ICC.

Declares that certain limitations on the establishment of rates, classifications, and rules by freight forwarders shall not apply if they are independently determined, or established by independent action, by a motor common carrier providing transportation of non-household goods. Authorizes such a motor common carrier to establish any transportation rate if it is independently determined or established by independnent action.

Authorizes the ICC to grant relief, if consistent with the public interest and U.S. transportation policy, from any requirement that a motor common carrier providing transportation of non-household goods have in effect a rate for transportation service which does not limit its liability.

Prohibits the ICC from prescribing the maximum reasonable charge or allowance that may be paid for certain shipper-furnished transportation services or facilities by motor common carriers providing transportation of non-household goods under rates that are independently determined or established by independent action.

Prescribes alternative ways to satisfy a claim made by a motor carrier of non-household goods or by a non-household goods freight forwarder regarding the collection of rates in addition to those originally billed and collected. Provides for settlement of any dispute about such claims. Sets forth a statute of limitations for civil actions for the recovery of motor carrier charges and overcharges. Authorizes motor carriers and shippers to resolve overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to timely file and maintain agreed upon rates, rules, or classifications. Requires a specified report to the Congress.

Excepts motor contract carriers of property from the general requirement that contract carriers establish, and file with the ICC, rates for transportation and rules and practices related to such rates.

Excepts a motor common carrier providing transportation of non-household goods under independently determined rates or rates established by independent action from the general requirement that carriers providing transportation or service include the rate for such transportation or service in a tariff. Declares any such rate, determined collectively by an agreement approved by the ICC or by independent action, to be considered a maximum rate.

Excepts a motor common carrier providing transportation of non-household goods under independently determined rates or rates established by independent action from general tariff requirements. Declares that a motor contract carrier of property is not required to publish or file with the ICC actual or minimum rates.

Excepts a motor contract carrier of property or of passengers from the requirement that contract carriers publish, file, and keep open for public inspection a notice of any proposed new or reduced rates.

Declares that a published or filed rate shall be conclusive proof against a motor common carrier providing transportation of non-household goods that such rate is the maximum legal rate for the transportation or service with respect to civil actions involving transportation rebates and rate, discrimination, and tariff violations.

Requires the Secretary of Transportation (Secretary) and the ICC to determine jointly by rule, after notice and opportunity for comment, the proper use of safety ratings (especially conditional and unsatisfactory ratings) in determining whether a motor carrier owner or operator or an applicant for an operating certificate meets certain safety fitness requirements.

Amends the conditions for issuing a certificate or permit authorizing a person to provide transportation as a motor common or contract carrier of property or a motor contract carrier. Requires such an issuance if the person is able to comply with existing ICC regulations as well as: (1) certain safety fitness requirements established by the Secretary; and (2) certain minimum financial responsibility requirements. Requires the ICC in making such a finding to consider any evidence that the applicant is unable to comply with such requirements. Authorizes a person to protest an application on the basis that the applicant fails or will fail to comply with such requirements. Requires the ICC to find an applicant unfit if the applicant does not meet the safety fitness requirements.

Subjects to certain commercial motor vehicle safety regulations motor carriers providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds and operating one or more commercial motor vehicles with a gross vehicle weight rating of 10,000 pounds or more.

Authorizes one or more motor contract carriers of property providing transportation subject to ICC jurisdiction to enter into a contract with one or more purchasers of motor carrier services to provide specified services under specified rates and conditions to the extent permitted by the common law of contracts and the Uniform Commercial Code.

Authorizes the ICC to suspend a certificate or permit of a motor carrier for failure to comply with certain safety fitness and minimum financial responsibility requirements.

Authorizes States to exercise exclusive jurisdiction over intrastate motor carrier transportation of non-household goods.

Requires the ICC to establish guidelines for determining whether the standards and procedures that a State authority will use in exercising jurisdiction over such transportation are in accordance with the standards and procedures applicable to regulation of motor carriers by the ICC. Sets forth specified State requirements.

Authorizes any motor carrier providing transportation of non-household goods, and any party to an administrative proceeding of any State authority in which the lawfulness of intrastate motor carrier transportation of non-household goods is decided, to petition the ICC to review such decision.

Grants the ICC authority to issue a certificate and permit authorizing a motor carrier providing transportation of non-household goods to provide such transportation of household goods to provide such transportation intrastate. Grants the ICC exclusive authority to prescribe an intrastate rate for such transportation when specified conditions are met.