U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART B— MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 135— JURISDICTION › Subchapter SUBCHAPTER I— MOTOR CARRIER TRANSPORTATION

49 U.S.C. § 13505

Transportation furthering a primary business

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(a)In General.—Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when—(1) the property is transported by a person engaged in a business other than transportation; and(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.(b)Corporate Families.—(1)In general.—Neither the Secretary nor the Board has jurisdiction under this part over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family.(2)Definition.—In this section, “corporate family” means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 861.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 10524 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1997–2021 · leading case: Michael Bilyou, Individually & on Behalf of Others Similarly Situated v. Dutchess Beer Distributors, Inc., 300 F.3d 217 (2d Cir. 2002).
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Michael Bilyou, Individually & on Behalf of Others Similarly Situated v. Dutchess Beer Distributors, Inc., 300 F.3d 217 (2d Cir. 2002). · cites it 6× “Bilyou also contended that DBD was exempted from the Secretary’s authority by 49 U.S.C. § 13505 (a)(2), which deprives the Secretary of jurisdiction “over the transportation of property by motor vehicle when .”
Port Drivers Fed'n 18, Inc. v. All Saints Express, Inc., 757 F. Supp. 2d 443 (D.N.J. 2010). · cites it 5× “Primary Business Exemption The primary business exemption, codified in 49 U.S.C. § 13505 (a), provides that the Secretary of Transportation does not have jurisdiction over the transportation of property by motor vehicle when “(1) the property is transported by a person engaged…”
Walters v. Am. Coach Lines of Miami, Inc., 575 F.3d 1221 (11th Cir. 2009). · cites it 2× “In Bilyou , for example, the Second Circuit examined the legislative history of 49 U.S.C. § 13505 , which divested the Secretary of jurisdiction under “this part” over transportation unrelated to a primary business.”
United Suppliers, Inc. D/B/A Greenbelt Transp. v. Renny Hanson, R. Hanson Trucking, Inc., & Kenneth Dirisio v. Nationwide Agribusiness Ins. Co., Cross-Appellee. Appeal From the Iowa Dist. Court for Hardin Cnty., Michael J., 876 N.W.2d 765 (Iowa 2016). · cites it 2× “§ 13505 (a) (2012) ("Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when — (1) the property is transported by a person engaged in a business other than transportation; and (2) the transportation is within…”
McGuiggan v. CPC Int'l, Inc., 84 F. Supp. 2d 470 (S.D.N.Y. 2000). · cites it 2× “Pleasant found that 49 U.S.C. § 13505 [formerly § 10524] removed the bakery drivers in that case from the jurisdiction of the Secretary of Transportation.”
Dauphin v. Chestnut Ridge Transp., Inc., 544 F. Supp. 2d 266 (S.D.N.Y. 2008). “There, the United States Court of Appeals for the Second Circuit considered the effect of another exemption, found at 49 U.S.C. § 13505 , for transportation of property by a person engaged in a business other than transportation in furtherance of that other business.”
Marvin Klitzke v. Steiner Corp., Dba Am. Linen, 110 F.3d 1465 (9th Cir. 1997). “§ 10524 has been recodified at 49 U.S.C. § 13505 (a). 6 . This provision has since been recodified at 49 U.”
King v. Asset Appraisal Servs., Inc., 470 F. Supp. 2d 1025 (D. Neb. 2006). · cites it 3× “7 Plaintiffs further argue that Public Law 104-88, enacted in 1995 and codified at 49 U.S.C.A. § 13505 (a), limits the general jurisdiction of the Department of Transportation (see 49 U.”
Overton v. Uber Techs., Inc., 333 F. Supp. 3d 927 (N.D. Cal. 2018). “§ 13504 (exempting transportation operating solely within the State of Hawaii); 49 U.S.C. § 13505 (exempting transportation by a person engaged in non-transportation business for the furtherance of that primary business); 49 U.”
Robert Almy v. Kickert Sch. Bus Line, Inc, 722 F.3d 1069 (7th Cir. 2013). “the property is transported by a person engaged in a business other than transportation,” 49 U.S.C. § 13505 (a)(1); according to these circuits, § 13505 does not impliedly limit the scope of § 13501.”
Walters v. Am. Coach Lines of Miami, Inc., 569 F. Supp. 2d 1270 (S.D. Fla. 2008). “In Bilyou , the court found that another exemption — the primary business exemption, found at 49 U.S.C. § 13505 — had “no bearing on the Secretary’s power, as described in 29 U.”
Bryant v. Core Contents Restoration, LLC (E.D.N.C. 2021). · cites it 9× “49 U.S.C. § 13505 (a). Accordingly, if the transportation at issue implicates 49 U.”
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