ICC Authority Certificate

If you are a for-hire trucker, you will need to obtain authority from the feds in Washington. This is a document that gives you permission to haul certain types of loads across state lines.

The process of getting ICC authority involves filing paperwork with the FMCSA and securing insurance. This includes a BOC-3 list of process agents and an active liability policy.

The ICC’s History

In the beginning, the ICC was seen as a powerful international force that could hold leaders accountable for human rights violations. However, the court has faced many challenges. It has been plagued by political interference and has lost some of its key players. In addition, it has not always been able to prosecute cases that have been referred to it by member states.

During its early days, the ICC was often accused of being politically motivated and biased against certain countries or groups of people. One of the most serious allegations came from the United States, which feared that its leaders would be exposed to scrutiny by the ICC if they were charged with war crimes or crimes against humanity. The ICC responded to these allegations by creating an internal review committee to scrutinize cases before they were brought to the court.

The ICC also struggled to establish itself as a legitimate institution in the eyes of the public. Its first case focused on alleged slave trade in Timbuktu, Mali, and the court was forced to clarify its rules to address concerns that it might investigate and prosecute political figures for their personal actions or beliefs. In the end, these reforms helped to establish the ICC as a legitimate international body that has grown to include 123 member states.

After the ICC negotiated its basic legal framework in Rome, it took several years to complete the negotiations of its subsidiary and complementary documents. In 2002, the ICC finally became operational after the Rome Statute received 60 votes in favor at a meeting of its Assembly of States Parties. Since then, the ICC has begun to prosecute cases and collect contributions from its members.

In the late 1970s, President Ford appointed commissioners who favored deregulation of trucking. In response to a number of ICC rulings that reduced federal oversight of surface freight transportation, Congress passed the Motor Carrier Act of 1980. This greatly limited the ICC’s authority over the trucking industry. The ICC’s remaining economic regulation of railroad freight was transferred to the Surface Transportation Board, which continues to operate today.

The ICC’s Deregulation

The ICC, which was created in 1887, once regulated railroads and later trucking. It was charged with ensuring that fair tariffs and rates were in place and enforced, as well as preventing discrimination and keeping information on long-distance carriers readily available to the transportation industry.

By the 1980s, however, the ICC was increasingly out of date. President Ford began calling for legislation to reduce regulation, and he appointed several commissioners who advocated competition, a position rarely articulated at the ICC during eight decades of control. Congress responded by enacting the Motor Carrier Act of 1980, which limited the ICC’s authority over trucking.

Despite this, the ICC still retains some residual regulatory responsibility over trucking. One such function is rate-setting, which involves a complex process of reviewing and modifying prices to ensure that they remain reasonable. This process is highly contentious and has been the source of many lawsuits over the years. Rather than continue this costly and ineffective process, the DOT should take the opportunity provided by deregulation to restructure the collection of data on the trucking industry so that it is handled more efficiently by the DOT’s successor agency, the Surface Transportation Board (STB).

Another remaining function of the ICC is the certification of interstate transport of regulated freight. This is now handled by the Federal Motor Carrier Safety Administration, and trucks must carry a document known as an Interstate Operating Authority, or MC number, to prove that they have the permission of the government to operate across state lines.

Even though MC numbers have replaced ICC numbers, many truckers still display the former ICC numbers on their vehicles, which is a reminder of the legacy of over-regulation that plagued the industry for so long. Having the correct MC number allows truckers to legally move regulated cargo over state lines, while also helping them keep accurate track of their miles and hours on the road.

Many proponents of the ICC claim that deregulation has hurt service in small towns and remote communities. The fact is, however, that service in those communities has either improved or remained the same after deregulation. This shows that the ICC’s assertions are based on an unwarranted faith in the ability of regulation to produce benign outcomes, a belief that is hardly borne out by history.

The ICC’s Impact

The ICC’s deregulation led to more competitive freight rates for shippers and consumers. Numerous studies showed that over-regulation increased costs and rates significantly. In fact, rates for products exempt from ICC regulation were 20 to 40% less than those of the same product subject to ICC control! Also, shippers rated service quality much better without ICC regulations.

The deregulation of the trucking industry caused many changes, including:

Historically, a new carrier seeking to transport goods on interstate routes needed to secure a certificate from the ICC before starting operations. This was not easy, as it was only possible if the company already had proof of prior operation and the ICC was notoriously strict about what constitutes proof of such service. Consequently, only very few new carriers came into existence between 1940 and 1980.

In addition, ICC rules limited the types of goods that could be carried and restricted the routes on which trucks were allowed to operate. This resulted in a high degree of duplication between trucks carrying the same goods. This slowed down the overall economy, as goods were not moving as fast as they should have.

Finally, the ICC’s rules were not well enforced. This was largely due to the unionized truckers, which were in a position to block or delay any effort at deregulation. However, in the early 1970s, President Nixon sent a message to Congress that called for reduced regulation of surface transportation and he appointed several ICC commissioners who were pro-deregulation. This, combined with the pressure from consumer advocates and liberal senators such as Ralph Nader, forced Congress to act.

The Motor Carrier Act of 1980 only partially decontrolled trucking, but it did so in conjunction with a more liberal ICC and this resulted in significant freeing of the market. It became easier to obtain a certificate of public convenience and necessity, and the ICC dropped many of its restrictions on the goods that could be transported and the routes that trucks could use.

The ICC’s Resolution 40 established standards for operators of pleasure craft in inland and coastal waters (including bareboat charter vessels). Countries that have adopted the resolution are obliged to issue an ICC to their citizens or residents, even when these people travel to states that do not recognise it. However, it is recommended that these nations recognise UNECE Resolution 40 and accept the ICC as a valid standard of competency.

The ICC’s Future

The ICC was created to regulate prices and competition in surface freight transportation. Its initial authority was based on public indignation over railroad malpractices and abuses. Over the decades, the ICC gradually expanded its jurisdiction to cover all common carriers and to set their rates. It also grew more expansive in its regulatory powers, thanks to statutory and broad Supreme Court interpretations of the commerce clause.

In the 1970s, however, pressure from Congress and the ICC’s own commissioners began to grow for the ICC to loosen its grip on trucking. In 1975, President Gerald Ford sent a message to Congress urging deregulation, and the ICC was granted more flexibility in setting rate rules. By the end of the decade, many ICC commissioners were advocating a policy that favored competition, a radical shift in transportation regulation.

Since the ICC was established, more than 120 nations have joined its ranks. The 123 member countries give the prosecutor of the ICC, a position headed by Fatou Bensouda, the power to investigate and prosecute individuals suspected of war crimes, crimes against humanity, and genocide. In order to conduct an investigation, the prosecutor must receive a referral from a state or a UN Security Council.

Despite its expansion, the ICC’s investigations are still confined to crimes committed since its founding in 2002. The court’s statutes emphasize the complementarity principle, meaning that it must complement rather than replace national courts in investigating and prosecuting individuals. The ICC can only act in cases where national courts have been found unwilling or incapable of addressing a case.

Several major powers resent the ICC’s power to prosecute individuals and have called for the court to be reined in. Russia has pulled out of the treaty, arguing that the ICC’s prosecution of the alleged war criminals in Ukraine infringes on its sovereignty. China and India have similar concerns, and both have abstained in ICC votes.

The Trump administration has endorsed the ICC’s efforts in some areas, but not others. The White House has voted in favor of a Security Council referral for the Libya case, and it has offered rewards of millions of dollars for information on ICC fugitives like Bosco Ntaganda and Dominic Ongwen. The administration has also revoked visas for ICC officials, and Secretary of State Mike Pompeo warned that the US would consider further action against the court.