Vanderbilt Law Review

First Page



The enactment by Congress of the Motor Carrier Act of 1935 vested in the Interstate Commerce Commission the power, among others, to grant or deny applications for motor carrier operating authority. The exercise of this power embraces the grave responsibility to regulate motor carriers in accordance with the national transportation policy of Congress as enunciated in the Transportation Act of 1940.

Motor carrier operating authority is a valuable intangible property right carrying with it both privileges and obligations. The holder of such authority is given the privilege of performing operations which may be developed into a profitable business but, at the same time, has the solemn obligation of providing a safe, reasonably adequate and continuous service in compliance with the provisions of the act and the rules and regulations of the Commission promulgated there under.

It is the intent of this article to discuss the matter of motor carrier operating authorities. The subject itself is a broad one which could be considered in far more space than is here available. Be that as it may, the purpose of this article will be to discuss certain of the more important phases of motor carrier operating authorities.