Vanderbilt Law Review

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The Motor Carrier Act of 19351 brought under regulation by the Interstate Commerce Commission the operation of for-hire motor carriers. The act, which is now part II of the Interstate Commerce Act, requires all such motor carriers, with certain exceptions, to obtain operating authority from the Commission. Carriers operating prior to the passage of the act were granted authority under "grand-father" provisions by a mere showing of past operations, but carriers entering the field since that date or desiring to extend their operations are required to prove that there is a public need for the service which they propose. A common carrier by motor vehicle must show that the proposed operation is required by the present or future public convenience and necessity, while a contract carrier, in the words of the act, must show that the proposed operation would be consistent with the public interest and the national transportation policy. This discussion will be limited primarily to a consideration of the evidence presented in common carrier application proceedings to prove public convenience and necessity.

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