---
kind: "section"
citation: "49 C.F.R. § 1312.2"
title: "49"
number: "1312.2"
heading: "Requirement to publish and file a tariff."
url: "https://uscodex.org/cfr/49/1312.2"
---

# §1312.2. Requirement to publish and file a tariff.

- (a) **Requirement for tariff.** Except when providing transportation for charitable purposes without charge, or when providing transportation or service described in [§ 1312.1(b)](/cfr/49/1312.1.md?p=b), carriers subject to the Board's jurisdiction under 49 U.S.C. Chapter 135 may provide transportation or service described in [§ 1312.1(a)](/cfr/49/1312.1.md?p=a) only if the rates, and related rules and practices, for such transportation or service are contained in a published tariff that is on file with the Board and in effect under this part.
- (b) **Adherence to tariff.** The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device.
- (c) **Other information.** Provisions for information purposes only may be included in a tariff, provided they are clearly identified as such. Such provisions may include rates and service terms covering transportation not subject to regulation by the Board, and advertising and promotional material.
- (d) **Effect of filing.** The tender of a tariff and its receipt and acceptance by the Board do not relieve a carrier of liability for violations of the Act, other laws, the Board's regulations, or any decision of the Board or a court, or have any effect on the rights of persons to file complaints for substantive violations of the Act or the Board's regulations.
- (e) **Invalidation of tariffs.** Tariffs that violate section 13702 of the Act, or a regulation of the Board carrying out that section, may be invalidated by the Board. When a tariff is invalidated, the party that filed it will be furnished a written explanation of the reasons for such action. Tariffs issued in lieu of invalidated tariffs shall so state.

## Notes

### Amendments

[62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20294, May 9, 2019]

### Authority

Authority: 49 U.S.C. 1321(a), 13702(a), 13702(b), and 13702(d).

### Source

Source: 62 FR 19058, Apr. 18, 1997, unless otherwise noted.

### Amendments

[62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20294, May 9, 2019]