Summary: H.R.3663 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (08/19/1982)

(Conference report filed in House, H. Rept. 97-780)

Bus Regulatory Reform Act of 1982 - Sets forth the findings of Congress in regard to the need for a safe, competitive, and fuel-efficient motor bus system.

Requires the appropriate congressional committees to conduct periodic oversight hearings on the effects of this Act not less than annually until July 1, 1985.

Amends the Interstate Commerce Act to include the interstate motor carrier transportation of passengers in the overall transportation policy of the United States.

Revises the entry policy for motor carriers of passengers, motor contract carriers, and brokers of passengers.

Prohibits the Interstate Commerce Commission (ICC) from issuing a certificate to a motor common carrier, or permit to a motor contract carrier, owned or controlled by persons of a contiguous country, or domiciled in such a country, for a period of two years after the date of enactment of this Act. Authorizes the President to remove or modify such restriction if it is determined that such removal or modification is in the national interest.

Declares that on the effective date of this Act a certificate to provide interstate transportation of passengers shall be deemed to authorize (but not require): (1) round-trip operations where only one-way authority exists; and (2) special and charter transportation from all points in a political subdivision where points of origin are limited. Authorizes the ICC, upon the request of a certificate holder, to remove operating restrictions on intermediate points on a route when such removal does not adversely affect commuter bus service.

Allows a motor common carrier of passengers to transport special or charter passengers in the same motor vehicle with regular-route passengers.

Describes ratemaking procedures and the use of rate bureaus by motor carriers of passengers.

Amends the Motor Carrier Act of 1980 to increase the membership of the Motor Carrier Ratemaking Study Commission. Extends to January 1, 1984, the due date of such Commission's final report on the collective ratemaking process. Increases the authorized appropriations for such Commission. Requires the Study Commission to conduct an investigation and study of the impact of the implementation of this Act (especially the potential termination of bus routes) on persons over 60 years of age, including those who reside in rural areas and small communities. Requires the Study Commission to notify Congress immediately if it finds conditions that jeopardize the viability of continued intrastate services.

Sets forth the zone of pricing freedom for motor carriers of passengers. Permits the ICC to increase rates within specified percentage ranges. Declares that rates and fares implemented pursuant to this Act shall be subject to specified antitrust laws. Removes the ICC authority to suspend rates after three years of the effective date of this Act, except on ratemaking actions where antitrust immunity is retained or where any rate is predatory or discriminatory.

Prohibits ICC investigation or suspension of rates proposed by motor common carriers of passengers applicable to special or charter transportation except when such rates constitute certain predatory practices.

Sets forth procedures by which carriers may discontinue or substantially reduce service on the intrastate portion of a route for which they have interstate and intrastate authority. Prohibits States from enacting laws relating to the discontinuance or reduction of service except to the extent of requiring notice of discontinuance or reduction, not in excess of 30 days.

Authorizes the ICC to prescribe rates, rules, or practices applicable to intrastate transportation provided by a motor common carrier of passengers under specified conditions. Establishes a rebuttable presumption that such rates, rules, or practices impose an unreasonable burden on interstate commerce if: (1) such a rate, rule, or practice results in intrastate rates lower than comparable interstate rates; (2) a carrier's revenues fall below the variable costs of providing such intrastate service; (3) the State agency having jurisdiction over the rate, rule, or practice failed to act on a carrier's request within a specified time. Prohibits States from enacting laws relating to scheduling of interstate or intrastate transportation except to the extent of requiring notice of rescheduling not in excess of 30 days. Makes such prohibition inapplicable to intrastate commuter service.

Requires the ICC to prescribe such a rate whenever it finds that a reduction in a rate charged for intrastate service on an authorized interstate route constitutes a predatory practice in contravention of established transportation policy. Directs the ICC to report to Congress on the results of its efforts to establish uniform standards and procedures applicable to carrier rates, rules, and practices.

Directs the Secretary of Transportation to establish minimum levels of financial responsibility for any motor vehicle operated in interstate or international commerce by a motor carrier of passengers.

Establishes civil penalties for violations of such financial responsibility provisions. Exempts school buses, taxicabs, and certain roundtrip commuter vehicles from such provisions.

Amends the Securities Act of 1933 to grant jurisdiction over the issuance of securities by motor carriers of passengers to the Securities and Exchange Commission.

Prohibits a State or subdivision thereof from levying a discriminatory or unreasonably burdensome tax on interstate motor carrier transportation.

Authorizes the ICC to exempt motor carriers of property from merger, consolidation, and acquisition of control transaction provisions of law. Sets forth criteria which the ICC must consider in such proceedings for motor carriers of passengers. Requires an applicant for exemption to give the ICC and the public 60 days advance notice before an exemption takes effect.

Authorizes the ICC, upon petition by the Secretary of Transportation, to suspend a motor carrier certificate or permit if the Commission finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.

Sets forth civil penalties for persons illegally providing transportation of passengers.

Permits the Commission to provide administrative assistance to small motor common carriers of passengers and local governments preparing for certain ICC proceedings.

Directs the Secretary to contract with the National Academy of Sciences to study the use of citizen band radios by the bus operator on motor vehicles providing intercity motor carrier passenger transportation. Requests the Academy to report to the Secretary and to Congress on such study.

Requires the Secretary and the ICC to report to the President and to Congress on the ownership, location, and adequacy of bus terminals.

Provides specified protection to employees whose employment is terminated by a motor carrier of passengers (other than for cause) within ten years after enactment of this Act. Directs the ICC to maintain a list of jobs available with class I motor carriers of passengers.

Allows the ICC to adopt, after a rulemaking proceeding, a special procedure for providing interested parties notice of entry or restriction removal applications, in lieu of using the Federal Register. Eliminates the statutory requirement that State regulatory commissions be notified of the filing of new applications.

Declares that the ICC has no jurisdiction over transportation by a motor carrier operating solely within the State of Hawaii, except over transportation of household goods. Declares that Hawaii has jurisdiction over all such exempt transportation.