2016 California Code
Business and Professions Code - BPC
DIVISION 7 - GENERAL BUSINESS REGULATIONS
PART 2 - PRESERVATION AND REGULATION OF COMPETITION
CHAPTER 2 - Combinations in Restraint of Trade
ARTICLE 2 - Prohibited Restraints on Competition
Section 16728.
16728. (a) Notwithstanding any other provision of law, motor carriers of property, as defined in Section 34601 of the Vehicle Code, may voluntarily elect to participate in uniform cargo liability rules, uniform bills of lading or receipts for property being transported, uniform cargo credit rules, joint line rates or routes, classifications, mileage guides, and pooling. Motor carriers of property that so elect shall comply with all requirements of Section 14501(c) of Title 49 of the United States Code and with federal regulations promulgated pursuant to that section. The Legislature intends by this section to provide to motor carriers of property the antitrust immunity authorized by state action pursuant to Section 14501(c) of Title 49 of the United States Code.
(b) The election authorized by this section shall be exercised in either of the following ways:
(1) Participation in an agreement pursuant to Section 13703 of Title 49 of the United States Code.
(2) Filing with the Department of Motor Vehicles a notice of adoption of any or all of the uniform cargo liability rules, uniform bills of lading or receipts for property being transported, uniform cargo credit rules, joint rates or routes, classifications, mileage guides, and pooling contained in an identified publication authorized by Section 13703 of Title 49 of the United States Code, along with a written certification issued by the organization establishing those uniform rules or provisions in accordance with Section 13703(g)(1)(B) of Title 49 of the United States Code, affirming participation of the motor carrier of property in the collective publication. The certification shall be made available for public inspection.
(c) The elections made by a motor carrier of property pursuant to this section may be canceled by the motor carrier.
(Amended by Stats. 1998, Ch. 829, Sec. 3. Effective January 1, 1999.)
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