Arkansas Legal Resource Navigator

49 U.S.C. § 13505 — Transportation furthering a primary business

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13505 — Transportation furthering a primary business

**(a) In General.—** Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when— (1) the property is transported by a person engaged in a business other than transportation; and (2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person. **(b) Corporate Families.—** (1) **In general.—** — Neither the Secretary nor the Board has jurisdiction under this part over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family. (2) **Definition.—** — In this section, “corporate family” means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13505

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 4f4b2483c099054ae1756be5ef375270015db160481fa4211143e7ada7aaf04a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_6578b06bf4b605a29360f6da
Source file: Laws/federal/codes/united-states-code/title-49/section-13505-transportation-furthering-a-primary-business--91db67c15b.md
Pages: Not recorded – Not recorded
Passage SHA-256: 99d95e86eee8be2b0faa55684a2073e7993e11482fc1c0661cb39a8b9bf70e9d

Source location: Title 49, Chapter 135, § 13505; chapter-135-jurisdiction.md

Stored source content

**(a) In General.—** Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when— (1) the property is transported by a person engaged in a business other than transportation; and (2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person. **(b) Corporate Families.—** (1) **In general.—** — Neither the Secretary nor the Board has jurisdiction under this part over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family. (2) **Definition.—** — In this section, “corporate family” means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10502 — Authority to exempt rail carrier transportation

**(a)** In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part— (1) is not necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim); and (2) either— (A) the transaction or service is of limited scope; or (B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power. **(b)** The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun. **(c)** The Board may specify the period of time during which an exemption granted under this section is effective. **(d)** The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10502

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13505 — Transportation furthering a primary

Page 471 TITLE 49—TRANSPORTATION § 13505 (ii) a water carrier subject to jurisdic- tion under subchapter II of this chapter; or (iii) a freight forwarder subject to juris- diction under subchapter III of this chap- ter; and (C) is incidental to transportation or serv- ice provided by the carrier or freight for- warder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter. (2) APPLICABILITY OF OTHER PROVISIONS.— Transportation exempt from jurisdiction under paragraph (1) of this subsection is sub- ject to jurisdiction under chapter 105 when provided by such a rail carrier, under sub- chapter II of this chapter when provided by such a water carrier, and under subchapter III of this chapter when provided by such a freight forwarder. (b) TRANSPORTATION BY AGENT.— (1) IN GENERAL.—Except to the extent pro- vided by paragraph (2) of this subsection, nei- ther the Secretary nor the Board has jurisdic- tion under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation— (A) is a transfer, collection, or delivery; and (B) is provided by a person as an agent or under other arrangement for— (i) a rail carrier subject to jurisdiction under chapter 105 of this title; (ii) a motor carrier subject to jurisdic- tion under this subchapter; (iii) a water carrier subject to jurisdic- tion under subchapter II of this chapter; or (iv) a freight forwarder subject to juris- diction under subchapter III of this chap- ter. (2) TREATMENT OF TRANSPORTATION BY PRIN- CIPAL.—Transportation exempt from jurisdic- tion under paragraph (1) of this subsection is considered transportation provided by the car- rier or service provided by the freight for- warder for whom the transporta

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 13505

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.