--- kind: "section" citation: "49 U.S.C. § 14303" title: "49" title_heading: "Transportation" number: "14303" heading: "Consolidation, merger, and acquisition of control of motor carriers of passengers" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/14303" units: - "Subtitle IV — Interstate Transportation" - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders" - "Chapter 143 — Finance" --- # §14303. Consolidation, merger, and acquisition of control of motor carriers of passengers - (a) **Approval Required.—** The following transactions involving [motor carriers](/usc/49/13102.md?p=14) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV/ptB/ch135.md) may be carried out only with the approval of the [Board](/usc/49/10102.md?p=1): - (1) Consolidation or merger of the properties or franchises of at least 2 [carriers](/usc/49/13102.md?p=3) into one operation for the ownership, management, and operation of the previously separately owned properties. - (2) A purchase, lease, or contract to operate property of another [carrier](/usc/49/13102.md?p=3) by any number of [carriers](/usc/49/13102.md?p=3). - (3) Acquisition of [control](/usc/49/13102.md?p=5) of a [carrier](/usc/49/13102.md?p=3) by any number of [carriers](/usc/49/13102.md?p=3). - (4) Acquisition of [control](/usc/49/13102.md?p=5) of at least 2 [carriers](/usc/49/13102.md?p=3) by a [person](/usc/49/13102.md?p=18) that is not a [carrier](/usc/49/13102.md?p=3). - (5) Acquisition of [control](/usc/49/13102.md?p=5) of a [carrier](/usc/49/13102.md?p=3) by a [person](/usc/49/13102.md?p=18) that is not a [carrier](/usc/49/13102.md?p=3) but that [controls](/usc/49/13102.md?p=5) any number of [carriers](/usc/49/13102.md?p=3). - (b) **Standard for Approval.—** The [Board](/usc/49/10102.md?p=1) shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The [Board](/usc/49/10102.md?p=1) shall consider at least the following: - (1) The effect of the proposed transaction on the adequacy of [transportation](/usc/49/10102.md?p=9) to the public. - (2) The total fixed charges that result from the proposed transaction. - (3) The interest of [carrier](/usc/49/13102.md?p=3) employees affected by the proposed transaction. The [Board](/usc/49/10102.md?p=1) may impose conditions governing the transaction. - (c) **Determination of Completeness of Application.—** Within 30 days after the date on which an application is filed under this section, the [Board](/usc/49/10102.md?p=1) shall either publish a notice of the application in the Federal Register or reject the application if it is incomplete. - (d) **Comments.—** Written comments about an application may be filed with the [Board](/usc/49/10102.md?p=1) within 45 days after the date on which notice of the application is published under [subsection (c)](#c). - (e) **Deadlines.—** The [Board](/usc/49/10102.md?p=1) shall conclude evidentiary proceedings by the 240th day after the date on which notice of the application is published under [subsection (c)](#c). The [Board](/usc/49/10102.md?p=1) shall issue a final decision by the 180th day after the conclusion of the evidentiary proceedings. The [Board](/usc/49/10102.md?p=1) may extend a time period under this subsection; except that the total of all such extensions with respect to any application shall not exceed 90 days. - (f) **Effect of Approval.—** A [carrier](/usc/49/13102.md?p=3) or corporation participating in or resulting from a transaction approved by the [Board](/usc/49/10102.md?p=1) under this section, or exempted by the [Board](/usc/49/10102.md?p=1) from the application of this section pursuant to [section 13541](/usc/49/13541.md), may carry out the transaction, own and operate property, and exercise [control](/usc/49/13102.md?p=5) or franchises acquired through the transaction without the approval of a [State](/usc/49/10102.md?p=8) authority. A [carrier](/usc/49/13102.md?p=3), corporation, or [person](/usc/49/13102.md?p=18) participating in the approved or exempted transaction is exempt from the antitrust laws and from all other law, including [State](/usc/49/10102.md?p=8) and municipal law, as necessary to let that [person](/usc/49/13102.md?p=18) carry out the transaction, hold, maintain, and operate property, and exercise [control](/usc/49/13102.md?p=5) or franchises acquired through the transaction. - (g) **Limitation on Applicability.—** This section shall not apply to transactions involving [carriers](/usc/49/13102.md?p=3) whose aggregate gross operating revenues were not more than $2,000,000 during a period of 12 consecutive months ending not more than 6 months before the date of the agreement of the parties. - (h) **Applicability of Certain Provisions.—** When the [Board](/usc/49/10102.md?p=1) approves and authorizes a transaction under this section in which a [person](/usc/49/13102.md?p=18) not a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/10102.md?p=9) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV/ptB/ch135.md) acquires [control](/usc/49/13102.md?p=5) of at least 1 [carrier](/usc/49/13102.md?p=3) subject to such jurisdiction, the [person](/usc/49/13102.md?p=18) is subject, as a [carrier](/usc/49/13102.md?p=3), to the following provisions of this title that apply to the [carrier](/usc/49/13102.md?p=3) being acquired by that [person](/usc/49/13102.md?p=18), to the extent specified by the [Board](/usc/49/10102.md?p=1): sections [504(f)](/usc/49/504.md?p=f), 14121–14123, [14901(a)](/usc/49/14901.md?p=a), and 14907. - (i) **Interim Approval.—** Pending determination of an application filed under this section, the [Board](/usc/49/10102.md?p=1) may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the [person](/usc/49/13102.md?p=18) proposing in the application to acquire those properties, when it appears that failure to do so may result in destruction of or injury to those properties or substantially interfere with their future usefulness in providing adequate and continuous service to the public. [Transportation](/usc/49/10102.md?p=9) provided by a [motor carrier](/usc/49/13102.md?p=14) under a grant of approval under this subsection is subject to this part. - (j) **Supplemental Orders.—** When cause exists, the [Board](/usc/49/10102.md?p=1) may issue appropriate orders supplemental to an order made in a proceeding under this section. ## Source credit (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 897.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in sections 11341, 11343, 11344, 11345a, 11348, 11349, and 11351 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.