Grandfather Clause

A provision that enables motor carriers engaged in lawful trucking operations before the passage of the Motor Carrier Act of 1935 to secure common carrier authority w/o proving public convenience and necessity; a similar provision exists for other modes. Grandfather clauses are often used to provide an exemption from new regulations or to continue operating under old regulations.

In the context of logistics, grandfather clauses can be useful for businesses that were operating lawfully prior to new regulations being put into place. This can allow those businesses to continue operating without having to comply with the new regulations, provided they meet all other requirements. However, grandfather clauses can also be controversial, as they may give some businesses an unfair advantage over others.

Related Links

Grandfather clause
Grandfather Clause – Definition, Examples, Cases, Processes
American History USA
Grandfather Clause – Wex Legal Dictionary / Encyclopedia – LII / Legal Information Institute
Guinn v. United States: The Grandfather Clause (1915) • BlackPast

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