(Amendments to or Abolition of Other Laws and Orders)
Article 1. The Road Transportation Law (Law No.191 of 1947;hereinafter referred to as "the former Law" ) shall be abolished.
Article 2. The Ministry of Transportation Establishment Law (Law No.157 of 1949) shall be partially amended as follows:
Next to Article 4 item (38), the following one item shall be added:
38-(2) To register broker business for truck operation, and to authorize with regard to the service (including accessory business) of broker business for truck operation.
In Article 4 item (40), "the Road Transportation Law (Law No.191 of 1947)" shall be amended as "the Road Transportation Law (Law No.183 of 1951)" .
In Article 4 item (44), after "motor road business," "broker business for truck operation," shall be added.
Next to Article 28 paragraph 1 item (3), the following one item shall be added:
3-(2) Registration or authorization with regard to broker business for truck operation.
In Article 28 paragraph 1 item (4), "the preceding three items" shall be amended as "the preceding four items" .
Next to Article 51 paragraph 1 item (7), the following one item shall be added:
7-(2) Registration or authorization with regard to broker business for truck operation.
Article 3. The Land Expropriation Law (Law No.29 of 1900) shall be partially amended as follows:
In Article 2 item (4), "exclusive motor road" shall be amended as "motor road" .
Article 4. The Trade Association Law (Law No.191 of 1948) shall be partially amended as follows:
In Article 7 item (2), "Article 23 and Article 24 paragraph 1 of the Road Transportation Law (Law No.191 of 1947)" shall be amended as "Article 20 and Article 33 paragraph 1 of the Road Transportation Law (Law No.183 of 1951)" .
Article 5. The Japanese National Railways Law (Law No.256 of 1948) shall be partially amended as follows:
In Article 63, "the Road Transportation Law (Law No.191 of 1947)" shall be amended as "the Road Transportation Law (Law No.183 of 1951)" .
Article 6. The Express Business Law (Law No.241 of 1949) shall be partially amended as follows:
In Article 15, "truck transportation business provided for in Article 10 of the Road Transportation Law (Law No.191 of 1947)" shall be amended as "motor carrier business referred to in Article 3 paragraph 2 items (4) to (6) inclusive and paragraph 3 item (2) of the same Article of the Road Transportation Law (Law No.183 of 1951)" .
Article 7. The Cabinet Order concerning the Business Activities of Foreign National (Cabinet Order No.3 of 1950) shall be partially amended as follows:
In Article 3 paragraph 1 item (3), "road transportation business" shall be amended as "motor carrier business" .
(Recommendation of First Candidates of Members of the Road Transportation Council)
Article 8. The recommendation of candidates of members of the Road Transportation Council to be effected by the Governor of To, Do, Fu or prefecture in accordance with the provisions of Article 107 of the Road Transportation Law (Law No.183 of 1951;hereinafter referred to as "the Law" ), may, irrespective of the provisions of the Supplementary Provisions of the Law, be effected even before July 1, 1951.
(Dismissal of Members of the Road Transportation Council)
Article 9. Any person who is a member of the Road Transportation Council under the former Law as of June 30, 1951 shall be dismissed from the service thereof on that day without the notice of dismissal.
(Invalidation of the Licence of Specific Motor Carrier Business)
Article 10. The licence of the specific motor carrier business based upon the provisions of the former Law shall, in cases where the person who had obtained the licence failed to obtain the authorization referred to in Article 14 of the former Law by June 30, 1951, lose its validity on that day, irrespective of the provisions of Article 32 paragraph 2 of the former Law.
(Validity of the Dispositions, etc. Based upon the Former Law)
Article 11. Such licence, permission, authorization, designation and other acts effected under the former Law or orders based upon the former Law, as have corresponding provisions in the Law shall be regarded as having been effected under the Law in accordance with those fixed by the Ministerial Ordinance unless otherwise provided for.
(Motor Traffic Business Foundation Existing at the Time of the Enforcement of the Law)
Article 12. As to the motor traffic business foundation actually existing at the time of the enforcement of the Law, the former Law shall still be valid even after the enforcement of the Law.
(Application of Penal Provisions with Regard to the Acts Done before the Enforcement of the Law)
Article 13. As to the application of penal provisions with regard to acts done before the enforcement of the Law, the former Law shall still be valid even after the enforcement of the Law.
(Special Instances with Regard to the Acceptance of Rates and Charges)
Article 14. Any person who has obtained the licence provided for in Article 4 of the Law as to motor carrier business referred to in Article 3 paragraph 2 items (1) to (4) inclusive of the Law or paragraph 3 item (1) of the same Article (including those persons who have been regarded as having obtained the licence referred to in Article 4 of the Law as to those motor carrier businesses in accordance with the provisions of Article 11), or any person who has obtained the licence referred to in Article 47 of the Law as to motor road business (including the persons who have been regarded as having obtained the licence referred to in Article 47 of the Law in accordance with the provisions of Article 11) may, irrespective of the provisions of Article 8 paragraph 3 of the Law, Article 9 of the Law (including the cases where this Article applies mutatis mutandis under Article 72 of the Law) and Article 61 paragraph 3 of the Law, within three months from the day of the application of these provisions, accept the rates or charges, or rebate the rates or charges accepted in conformity with the rates or charges which have been authorized in accordance with the provisions of Article 8 paragraph 1 of the Law or Article 61 paragraph 1 of the Law. This shall also apply in cases when the person applied for authorization referred to in Article 8 paragraph 1 subject to the provisions of Article 8 paragraphs 2 and 3 of the Law or in Article 61 paragraph 1 subject to the provisions of Article 61 paragraphs 2 and 3 of the Law within such a period, until the day on which the person is informed to the effect that the authorization has been given or the authorization shall not be given.
Article 15. The provisions of the preceding Article shall apply mutatis mutandis as to the person who has obtained the licence referred to in Article 4 of the Law in connection with the motor carrier business referred to in Article 3 paragraph 2 item (5) of the Law, item (6) of the same paragraph and paragraph 3 item (2) of the same Article (including the person who has been regarded as having obtained the licence referred to in Article 4 of the Law as to these motor carrier businesses in accordance with the provisions of Article 11) In this case, "three months" in the preceding Article shall read "one year."
Article 16. The provisions of Article 10 of the Law and Article 11 of the Law shall not apply, for one year from the day of the application of these provisions as to the person who manages a freight motor carrier business other than the general route freight motor carrier business.
(Special Instances in Regard to Transportation Clauses)
Article 17. Any person who has been regarded as having obtained the licence referred to in Article 4 of the Law as regards the motor carrier business enumerated in Article 3 paragraph 2 items (1) to (3) inclusive of the Law in accordance with the provisions of Article 11 may, for three months from the day of the enforcement of the Law, dispense with the authorization for transportation clauses, irrespective of the provisions of Article 12 of the Law. In the case where the person has made the application for authorization referred to in Article 12 of the Law within such a period, the same shall also apply until the day on which the person is informed to the effect that the authorization has been given or that the authorization shall not be given.
(Special Instances in Regard to Motor Carrier Business Presently under Suspension)
Article 18. The period of suspension of business of any person who has been regarded as having obtained the permission for suspension of the business referred to in Article 41 paragraph 1 of the Law in accordance with the provisions of Article 11, and which period extends over any day after one year from the day of enforcement of the Law, shall be regarded as the one for which the permission of suspension of business has been effected as to the period of one year from the enforcement of the Law.
(Special Instances in Regard to the Clauses for Opening to Use and the Limitations on the Opening to Use in View of Safety)
Article 19. Any person who has been regarded as having obtained the licence for motor road business referred to in Article 47 of the Law in accordance with the provisions of Article 11 may, for three months from the day of the enforcement of the Law, dispense with the authorization for the clauses for opening to use and the limitations on opening to use, irrespective of the provisions of Article 62 of the Law and Article 63 of the Law. In the case where the person has applied for the authorization referred to in Article 62 of the Law or Article 63 of the Law within such a period, the same shall also apply until the day on which the person is informed to the effect that the authorization has been granted or that the authorization has not been granted.
(Special Instances in Regard to Motor Carrier Business Managed by the State)
Article 20. As regards the business which has been regarded as having obtained the consent referred to in Article 76 of the Law in accordance with the provisions of Article 11, the government office concerned shall report the business plans thereof to the Minister of Transportation in conformity with the provisions of Ministerial Ordinance.
Article 21. As regards the business for which the consent referred to in Article 76 of the Law has been regarded as having been obtained in accordance with the provisions of Article 11, the government office concerned may, for three months from the day of the enforcement of the Law, accept the rates or charges without obtaining the consent therefor, irrespective of the provisions of Article 8 paragraph 1 of the Law. In the case where the government office concerned applied for the consent referred to in Article 8 paragraph 1 of the Law within such a period, the same shall also apply until the day on which the same office is informed to the effect that the consent has been given or that the consent shall not be given.
Article 22. The provisions of Articles 14 and 15 shall apply mutatis mutandis as to the business (including the business for which the consent referred to in Article 76 of the Law or Article 78 of the Law has been regarded as having been obtained therefor in accordance with the provisions of Article 11) for which the consent referred to in Article 76 of the Law or in Article 78 of the Law has been obtained. In this case, "the licence referred to in Article 4 of the Law" or "the licence referred to in Article 47 of the Law" in these provisions shall read "the consent referred to in Article 76 of the Law" or "the consent referred to in Article 78 of the Law" , respectively.
(Special Instances in Regard to Broker Business for Truck Operation)
Article 23. Any person who actually manages a business corresponding to the broker business for truck operation at the time of the enforcement of the Law may, for three months from the day of the enforcement of the Law, manage the broker business for truck operation without obtaining the registration under the provisions of Article 80 of the Law. In the case where the person has applied for the registration referred to in Article 80 of the Law, the same shall also apply until the day on which the person is informed within such a period to the effect that the registration has been made or that the registration has been rejected.
(Special Instances in Regard to the Joint Use of Private Motor Vehicles)
Article 24. Any person who actually uses a motor vehicle corresponding to the private motor vehicle referred to in the Law jointly with other persons at the time of the enforcement of the Law may, for three months from the day of the enforcement of the Law, use such a motor vehicle jointly without obtaining the permission under the provisions of Article 100 of the Law. In the case where the person has made application for the permission referred to in Article 100 of the Law within such a period, the same shall also apply until the day on which the person is informed to the effect that the permission has been given or that the permission shall not be given.
(Report on the Organization Relating to Road Transportation)
Article 25. Any organization which is actually the one corresponding to the organization referred to in Article 125 of the Law at the time of the enforcement of the Law shall, within thirty days from the day of the enforcement of the Law, report to the Minister of Transportation or the Ministers of Transportation and Construction in accordance with the provisions of Ministerial Ordinance.