American Transport Laws Stricter Than British
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0.E.E.C. Experts Find Stringent Control Exercised Over Operation of Services, Rates, Drivers' Hours and Conditions of Fitness, and Recommend Similar Body to Interstate Commerce Commission in Europe AMERICAN hauliers and passenger operators seem to be subject Jo a degree of statutory control even greater than British operators. This is apparent from "Federal Regulation of ransport in the U.S.A.," a report by a group of European experts published by the Organization for European Economic Co-operation and available from the Stationery Office at 8s: Brig. A. E. M. Walter, director of the international inland transport branch of the Ministry of Transport, and Mr. C. Sherrington, secretary of British Railways' Research Service, were the British members of the group. _ Congress and I.C.C.
Transport policy, as decided by Congress, is interpreted, executed and supervised by the Interstate Commerce Commission, which are neither wholly legislative nor executive in nature and follow a judiciary function to a large extent. The I.C.C. are responsible to the President, Congress and the federal courts, may sue and be sued. Their aim is to ensure that public interests arc safeguarded while. the Government's policy of encouraging free enterprise is being carried out.
The I.C.C. are non-political and their work is divided among five sections. These are administrative; rates (tariffs and valuation); rates (service and safety); finance; and motor carriers. Common carriers are subjected to regulations regarding public need, publication of rates schedules and the avoidance of undue preference. Annual reports are made to Congress.
Mutual Action
Only transport services from one state to another are covered by the Commission and each state has its own commission governing its internal
transport. The I.C.C. maintain relations with the regulatory state bodies in matters where mutual action is needed, but normally have no jurisdiction over the internal transport affairs of any state. There are exceptions when a conflict between state and interstate factions arises and the, federal interest has to be maintained.
With certain exceptions, transport undertakings must obtain permission from the Commission to establish or discontinue a service. The initiative to secure sanction rests with the enterprise concerned. The I.C.C. will issue a certificate to an applicant only if he is a fit and willing person, to provide the service and conforms with the Commission's rules. Requirements
are established concerning the continuity and adequacy of the service.
Rates arc subject to regulation and before coming into force have to be filed with the Commission. They cannot be applied for 30 days, but if a complaint against the charges, is lodged, a hearing may be held, after which the tariffs may be permitted to be imposed, cancelled or prescribed to be revised.
Transport companies are required to print their charges schedules and keep them open for inspection. They may not be altered without the CommisSion's consent. Minimum rates have been laid down by the I.C.C. to control excessive competition, particularly between road and rail.
Public Hearings
If a public hearing concerning rates, permits to operate services, or sanction to withdraw facilities is fixed, all parties involved are given notice of the time and place and ample opportunity is allowed for the case of everyone to be pressed. An equal opportunity is also presented for delaying decisions, which in important cases may take four or five years to determine after successive appeals have been dealt with.
The Commission have devised two procedures to save the time and expense usually involved in public hearings. In relatively simple cases of complaint, the plaintiffs and defendants waive the right to cross-examine and present written arguments instead. The case is placed in the hands of an examiner who makes a report.
The second procedure is much the same as the first, except that oral crossexaminations may be made after the exchange of written evidence. Such hearings are short, as they are confined to questioning witnesses.
The I.C.C. have power to inspect drivers' medical certificates and log books and the equipment of haulage undertakings. Licence holders have to submit periodical reports about drivers' hours of service and accident records. If the conditions of authorization to operate a service are found to have been violated upon investigation, the carrier's permit may be revoked. The Commission can also bring offenders to the federal courts.
The construction and use regulations of the Commission are more extensive in some respects than those obtaining in Britain. Brakes must be capable of bringing a vehicle to a halt within 30 ft. from 20 m.p.h. on a dry, smooth and level surface. Minimum standards
are laid down for brake-facing materials and servo systems, and articulated vehicles must have brakes which will stop both tractor and trailer automatically should they become disconnected.
The regulations specify the lighting equipment for various types of vehicle and lay down conditions regarding glazing, fuel systems and coupling gear for articulated machines. Vehicles run at over 25 m.p.h. must be fitted with approved types of tyre.
No bus may be operated with retreaded tyres on the front wheels and every vehicle must carry a comprehensive emergency and first-aid kit. Proper lubrication must be carried out, and undue accumulations of grease or oil investigated and their cause rectified.
60 Hours A Week
Drivers may not remain on duty more than 60 hours a week, but carriers running vehicles daily may permit drivers to work up to 70 hours in eight days. No driver may work more than 10 hours in the 24. Duplicate daily logs must be kept: one copy is kept by the driver for a month and the other by the employer for a year. Monthly reports are sent to the Commission and reasons for any working of excessive hours explained.
American road operators began to appreciate the value of industrial associations in the early years of this century, and by 1930 there was at least one association in each state. Later, two national bodies were formed, the American Highway Freight Association, and the Federated Truck Associations of America, and these were subsequently merged at a time when the industry was being subjected to an adverse propaganda campaign, into the American Trucking Associations.
Although the full effect of the activities of the A.T.A. is felt mainly at federal level, the organization do not ignore regional matters, particularly those involving two or more states, which may have national repercussions.
Dynamic Approach
The group was greatly impressed by hauliers' dynamic approach to transport problems and their awareness of their share in the responsibility of providing a flexible transport system. Many business executives had risen from the ranks of drivers and the cordial relationship between labour and management were marked. In 1950 there were 224,000 buses and coaches and 8.6m. lorries, equivalent to one commercial vehicle per 17 inhabitants. A recommendation is made that the regulation of inland transport in Western Europe should be studied by experts to bring about the full development of international services. Although there is no overriding legislature in Western Europe, the European Coal and Steel Community demonstrated that there was a means for establishing a structure for regulating international transport as existed in the U.S.A