---
kind: "range"
citation: "49 U.S.C. §§ 13101–14913"
title: "49"
from: "13101"
to: "14913"
count: 81
release: "119-102"
url: "https://uscodex.org/usc/49/13101..14913"
---

# §13101. Transportation policy

- (a) **In General.—** To ensure the development, coordination, and preservation of a [transportation](/usc/49/13102.md?p=23) system that meets the [transportation](/usc/49/13102.md?p=23) needs of the [United States](/usc/49/13102.md?p=24), including the [United States](/usc/49/13102.md?p=24) Postal Service and national defense, it is the policy of the [United States](/usc/49/13102.md?p=24) Government to oversee the modes of [transportation](/usc/49/13102.md?p=23) and—
  - (1) in overseeing those modes—
    - (A) to recognize and preserve the inherent advantage of each mode of [transportation](/usc/49/13102.md?p=23);
    - (B) to promote safe, adequate, economical, and efficient [transportation](/usc/49/13102.md?p=23);
    - (C) to encourage sound economic conditions in [transportation](/usc/49/13102.md?p=23), including sound economic conditions among [carriers](/usc/49/13102.md?p=3);
    - (D) to encourage the establishment and maintenance of reasonable rates for [transportation](/usc/49/13102.md?p=23), without unreasonable discrimination or unfair or destructive competitive practices;
    - (E) to cooperate with each [State](/usc/49/13102.md?p=21) and the officials of each [State](/usc/49/13102.md?p=21) on [transportation](/usc/49/13102.md?p=23) matters; and
    - (F) to encourage fair wages and working conditions in the [transportation](/usc/49/13102.md?p=23) industry;
  - (2) in overseeing [transportation](/usc/49/13102.md?p=23) by [motor carrier](/usc/49/13102.md?p=14), to promote competitive and efficient [transportation](/usc/49/13102.md?p=23) services in order to—
    - (A) encourage fair competition, and reasonable rates for [transportation](/usc/49/13102.md?p=23) by [motor carriers](/usc/49/13102.md?p=14) of property;
    - (B) promote efficiency in the [motor carrier](/usc/49/13102.md?p=14) [transportation](/usc/49/13102.md?p=23) system and to require fair and expeditious decisions when required;
    - (C) meet the needs of shippers, receivers, passengers, and consumers;
    - (D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public;
    - (E) allow the most productive use of equipment and energy resources;
    - (F) enable efficient and well-managed [carriers](/usc/49/13102.md?p=3) to earn adequate profits, attract capital, and maintain fair wages and working conditions;
    - (G) provide and maintain service to small communities and small shippers and intrastate bus services;
    - (H) provide and maintain commuter bus operations;
    - (I) improve and maintain a sound, safe, and competitive privately owned [motor carrier](/usc/49/13102.md?p=14) system;
    - (J) promote greater participation by minorities in the [motor carrier](/usc/49/13102.md?p=14) system;
    - (K) promote intermodal [transportation](/usc/49/13102.md?p=23);
  - (3) in overseeing [transportation](/usc/49/13102.md?p=23) by [motor carrier](/usc/49/13102.md?p=14) of passengers—
    - (A) to cooperate with the [States](/usc/49/13102.md?p=21) on [transportation](/usc/49/13102.md?p=23) matters for the purpose of encouraging the [States](/usc/49/13102.md?p=21) to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part;
    - (B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part; and
    - (C) to ensure that Federal reform initiatives enacted by [section 31138](/usc/49/31138.md) and the Bus Regulatory Reform Act of 1982 are not nullified by [State](/usc/49/13102.md?p=21) regulatory actions; and
  - (4) in overseeing [transportation](/usc/49/13102.md?p=23) by [water carrier](/usc/49/13102.md?p=26), to encourage and promote service and price competition in the [noncontiguous domestic trade](/usc/49/13102.md?p=17).
- (b) **Administration To Carry Out Policy.—** This part shall be administered and enforced to carry out the policy of this section and to promote the public interest.

# §13102. Definitions


In this part, the following definitions shall apply:

- (1) **Board.—** The term “Board” means the Surface [Transportation](#23) Board.
- (2) **Broker.—** The term “broker” means a [person](#18), other than a [motor carrier](#14) or an employee or agent of a [motor carrier](#14), that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, [transportation](#23) by [motor carrier](#14) for compensation.
- (3) **Carrier.—** The term “carrier” means a [motor carrier](#14), a [water carrier](#26), and a [freight forwarder](#8).
- (4) **Contract carriage.—** The term “contract carriage” means—
  - (A) for [transportation](#23) provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and
  - (B) for [transportation](#23) provided after December 31, 1995, service provided under an agreement entered into under [section 14101(b)](/usc/49/14101.md?p=b).
- (5) **Control.—** The term “control”, when referring to a relationship between [persons](#18), includes actual control, legal control, and the power to exercise control, through or by—
  - (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or
  - (B) any other means.
- (6) **Foreign motor carrier.—** The term “foreign motor carrier” means a [person](#18) (including a [motor carrier](#14) of property but excluding a [motor private carrier](#15))—
  - (A)
    - (i) that is domiciled in a contiguous foreign country; or
    - (ii) that is owned or controlled by [persons](#18) of a contiguous foreign country; and
  - (B) in the case of a [person](#18) that is not a [motor carrier](#14) of property, that provides interstate [transportation](#23) of property by [motor vehicle](#16) under an agreement or contract entered into with a [motor carrier](#14) of property (other than a [motor private carrier](#15) or a [motor carrier](#14) of property described in [subparagraph (A)](#6-A)).
- (7) **Foreign motor private carrier.—** The term “foreign motor private carrier” means a [person](#18) (including a [motor private carrier](#15) but excluding a [motor carrier](#14) of property)—
  - (A)
    - (i) that is domiciled in a contiguous foreign country; or
    - (ii) that is owned or controlled by [persons](#18) of a contiguous foreign country; and
  - (B) in the case of a [person](#18) that is not a [motor private carrier](#15), that provides interstate [transportation](#23) of property by [motor vehicle](#16) under an agreement or contract entered into with a [person](#18) (other than a [motor carrier](#14) of property or a [motor private carrier](#15) described in [subparagraph (A)](#7-A)).
- (8) **Freight forwarder.—** The term “freight forwarder” means a [person](#18) holding itself out to the general public (other than as a pipeline, rail, motor, or [water carrier](#26)) to provide [transportation](#23) of property for compensation and in the ordinary course of its business—
  - (A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
  - (B) assumes responsibility for the [transportation](#23) from the place of receipt to the place of destination; and
  - (C) uses for any part of the [transportation](#23) a [carrier](#3) subject to jurisdiction under this subtitle.

  The term does not include a [person](#18) using [transportation](#23) of an air [carrier](#3) subject to part A of subtitle VII.

- (9) **Highway.—** The term “highway” means a road, highway, street, and way in a [State](#21).
- (10) **Household goods.—** The term “household goods”, as used in connection with [transportation](#23), means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the [transportation](#23) of such effects or property is—
  - (A) arranged and paid for by the householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the [transportation](#23) charges are paid to the [carrier](#3) by, the householder; or
  - (B) arranged and paid for by another party.
- (11) **Household goods freight forwarder.—** The term “household goods freight forwarder” means a [freight forwarder](#8) of one or more of the following items: [household goods](#10), unaccompanied baggage, or used automobiles.
- (12) **Household goods motor carrier.—**
  - (A) **In general.—** The term “household goods motor carrier” means a [motor carrier](#14) that, in the ordinary course of its business of providing [transportation](#23) of [household goods](#10), offers some or all of the following additional services:
    - (i) Binding and nonbinding estimates.
    - (ii) Inventorying.
    - (iii) Protective packing and unpacking of individual items at personal residences.
    - (iv) Loading and unloading at personal residences.
  - (B) **Inclusion.—** The term includes any [person](#18) that is considered to be a [household goods motor carrier](#12-A) under regulations, determinations, and decisions of the Federal [Motor Carrier](#14) Safety Administration that are in effect on the date of enactment of the [Household Goods](#10) Mover Oversight Enforcement and Reform Act of 2005.
  - (C) **Limited service exclusion.—** The term does not include a [motor carrier](#14) when the [motor carrier](#14) provides [transportation](#23) of [household goods](#10) in containers or trailers that are entirely loaded and unloaded by an individual (other than an employee or agent of the [motor carrier](#14)).
- (13) **Individual shipper.—** The term “individual shipper” means any [person](#18) who—
  - (A) is the shipper, consignor, or consignee of a [household goods](#10) shipment;
  - (B) is identified as the shipper, consignor, or consignee on the face of the bill of lading;
  - (C) owns the goods being transported; and
  - (D) pays his or her own tariff [transportation](#23) charges.
- (14) **Motor carrier.—** The term “motor carrier” means a [person](#18) providing [motor vehicle](#16) [transportation](#23) for compensation.
- (15) **Motor private carrier.—** The term “motor private carrier” means a [person](#18), other than a [motor carrier](#14), transporting property by [motor vehicle](#16) when—
  - (A) the [transportation](#23) is as provided in [section 13501 of this title](/usc/49/13501.md);
  - (B) the [person](#18) is the owner, lessee, or bailee of the property being transported; and
  - (C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
- (16) **Motor vehicle.—** The term “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a [highway](#9) in [transportation](#23), or a combination determined by the [Secretary](#20), but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger [transportation](#23) similar to street-railway service.
- (17) **Noncontiguous domestic trade.—** The term “noncontiguous domestic trade” means [transportation](#23) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the [United States](#24).
- (18) **Person.—** The term “person”, in addition to its meaning under [section 1 of title 1](/usc/1/1.md), includes a trustee, receiver, assignee, or personal representative of a person.
- (19) **Pre-arranged ground transportation service.—** The term “pre-arranged ground transportation service” means [transportation](#23) for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a [motor vehicle](#16) with a seating capacity not exceeding 15 passengers (including the driver).
- (20) **Secretary.—** The term “Secretary” means the Secretary of [Transportation](#23).
- (21) **State.—** The term “State” means the 50 States of the [United States](#24) and the District of Columbia.
- (22) **Taxicab service.—** The term “taxicab service” means passenger [transportation](#23) in a [motor vehicle](#16) having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that—
  - (A) is licensed as a taxicab by a [State](#21) or a local jurisdiction; or
  - (B) is offered by a [person](#18) that—
    - (i) provides local [transportation](#23) for a fare determined (except with respect to [transportation](#23) to or from [airports](/usc/49/47501.md?p=1)) primarily on the basis of the distance traveled; and
    - (ii) does not primarily provide [transportation](#23) to or from [airports](/usc/49/47501.md?p=1).
- (23) **Transportation.—** The term “transportation” includes—
  - (A) a [motor vehicle](#16), [vessel](#25), warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and
  - (B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property.
- (24) **United states.—** The term “United States” means the [States](#21) of the United States and the District of Columbia.
- (25) **Vessel.—** The term “vessel” means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of [transportation](#23) by water.
- (26) **Water carrier.—** The term “water carrier” means a [person](#18) providing water [transportation](#23) for compensation.
- (27) **Over-the-road bus.—** The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.

# §13103. Remedies as cumulative


Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.


# §13301. Powers

- (a) **General Powers of Secretary.—** Except as otherwise specified, the [Secretary](/usc/49/13102.md?p=20) shall carry out this part. Enumeration of a power of the [Secretary](/usc/49/13102.md?p=20) in this part does not exclude another power the [Secretary](/usc/49/13102.md?p=20) may have in carrying out this part. The [Secretary](/usc/49/13102.md?p=20) may prescribe regulations in carrying out this part.
- (b) **Obtaining Information.—** The [Secretary](/usc/49/13102.md?p=20) may obtain from [carriers](/usc/49/13102.md?p=3) providing, and [brokers](/usc/49/13102.md?p=2) for, [transportation](/usc/49/13102.md?p=23) and service subject to this part, and from [persons](/usc/49/13102.md?p=18) controlling, controlled by, or under common [control](/usc/49/13102.md?p=5) with those [carriers](/usc/49/13102.md?p=3) or [brokers](/usc/49/13102.md?p=2) to the extent that the business of that [person](/usc/49/13102.md?p=18) is related to the management of the business of that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2), information the [Secretary](/usc/49/13102.md?p=20) decides is necessary to carry out this part.
- (c) **Subpoena Power.—**
  - (1) **By secretary.—** The [Secretary](/usc/49/13102.md?p=20) may subpoena witnesses and records related to a proceeding under this part from any place in the [United States](/usc/49/13102.md?p=24), to the designated place of the proceeding. If a witness disobeys a subpoena, the [Secretary](/usc/49/13102.md?p=20), or a party to a proceeding under this part, may petition a court of the [United States](/usc/49/13102.md?p=24) to enforce that subpoena.
  - (2) **Enforcement.—** The district courts of the [United States](/usc/49/13102.md?p=24) have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
- (d) **Testimony of Witnesses.—**
  - (1) **Procedure for taking testimony.—** In a proceeding under this part, the [Secretary](/usc/49/13102.md?p=20) may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending under this part may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.
  - (2) **Subpoena.—** If a witness fails to be deposed or to produce records under paragraph (1) of this subsection, the [Secretary](/usc/49/13102.md?p=20) may subpoena the witness to take a deposition, produce the records, or both.
  - (3) **Depositions.—** A deposition may be taken before a judge of a court of the [United States](/usc/49/13102.md?p=24), a [United States](/usc/49/13102.md?p=24) magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any [State](/usc/49/13102.md?p=21), or a notary public who is not counsel or attorney of a party or interested in the proceeding.
  - (4) **Notice of deposition.—** Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall [state](/usc/49/13102.md?p=21) the name of the witness and the time and place of taking the deposition.
  - (5) **Transcript.—** The testimony of a [person](/usc/49/13102.md?p=18) deposed under this subsection shall be taken under oath. The [person](/usc/49/13102.md?p=18) taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
  - (6) **Foreign country.—** The testimony of a witness who is in a foreign country may be taken by deposition before an officer or [person](/usc/49/13102.md?p=18) designated by the [Secretary](/usc/49/13102.md?p=20) or agreed on by the parties by written stipulation filed with the [Secretary](/usc/49/13102.md?p=20). A deposition shall be filed with the [Secretary](/usc/49/13102.md?p=20) promptly.
- (e) **Witness Fees.—** Each witness summoned before the [Secretary](/usc/49/13102.md?p=20) or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the [United States](/usc/49/13102.md?p=24).
- (f) **Powers of Board.—** For those provisions of this part that are specified to be carried out by the [Board](/usc/49/13102.md?p=1), the [Board](/usc/49/13102.md?p=1) shall have the same powers as the [Secretary](/usc/49/13102.md?p=20) has under this section.

# §13302. Intervention


Under regulations of the [Secretary](/usc/49/13102.md?p=20), reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this part related to [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall be given to interested [persons](/usc/49/13102.md?p=18).


# §13303. Service of notice in proceedings

- (a) **Agents for Service of Process.—** A [carrier](/usc/49/13102.md?p=3), a [broker](/usc/49/13102.md?p=2), or a [freight forwarder](/usc/49/13102.md?p=8) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall designate, in writing, an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the [Secretary](/usc/49/13102.md?p=20) may be made.
- (b) **Filing With State.—** A [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) under this part shall also file the designation with the appropriate authority of each [State](/usc/49/13102.md?p=21) in which it operates. The designation may be changed at any time in the same manner as originally made.
- (c) **Notice.—** A notice to a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2) shall be served personally or by mail on the [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2) or on its designated agent. Service by mail on the designated agent shall be made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2) does not have a designated agent, service may be made by posting a copy of the notice at the headquarters of the Department of [Transportation](/usc/49/13102.md?p=23).

# §13304. Service of process in court proceedings

- (a) **Designation of Agent.—** A [motor carrier](/usc/49/13102.md?p=14) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md), including a [motor carrier](/usc/49/13102.md?p=14) or [broker](/usc/49/13102.md?p=2) operating within the [United States](/usc/49/13102.md?p=24) while providing [transportation](/usc/49/13102.md?p=23) between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each [State](/usc/49/13102.md?p=21) in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2). The designation shall be in writing and filed with the Department of [Transportation](/usc/49/13102.md?p=23) and each [State](/usc/49/13102.md?p=21) in which the [carrier](/usc/49/13102.md?p=3) operates may require that an additional designation be filed with it. If a designation under this subsection is not made, service may be made on any agent of the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) within that [State](/usc/49/13102.md?p=21).
- (b) **Change.—** A designation under this section may be changed at any time in the same manner as originally made.

# §13501. General jurisdiction


The [Secretary](/usc/49/13102.md?p=20) and the [Board](/usc/49/13102.md?p=1) have jurisdiction, as specified in this part, over [transportation](/usc/49/13102.md?p=23) by [motor carrier](/usc/49/13102.md?p=14) and the procurement of that [transportation](/usc/49/13102.md?p=23), to the extent that passengers, property, or both, are transported by [motor carrier](/usc/49/13102.md?p=14)—

- (1) between a place in—
  - (A) a [State](/usc/49/13102.md?p=21) and a place in another [State](/usc/49/13102.md?p=21);
  - (B) a [State](/usc/49/13102.md?p=21) and another place in the same [State](/usc/49/13102.md?p=21) through another [State](/usc/49/13102.md?p=21);
  - (C) the [United States](/usc/49/13102.md?p=24) and a place in a territory or possession of the [United States](/usc/49/13102.md?p=24) to the extent the [transportation](/usc/49/13102.md?p=23) is in the [United States](/usc/49/13102.md?p=24);
  - (D) the [United States](/usc/49/13102.md?p=24) and another place in the [United States](/usc/49/13102.md?p=24) through a foreign country to the extent the [transportation](/usc/49/13102.md?p=23) is in the [United States](/usc/49/13102.md?p=24); or
  - (E) the [United States](/usc/49/13102.md?p=24) and a place in a foreign country to the extent the [transportation](/usc/49/13102.md?p=23) is in the [United States](/usc/49/13102.md?p=24); and
- (2) in a reservation under the exclusive jurisdiction of the [United States](/usc/49/13102.md?p=24) or on a public [highway](/usc/49/13102.md?p=9).

# §13502. Exempt transportation between Alaska and other States


To the extent that [transportation](/usc/49/13102.md?p=23) by a [motor carrier](/usc/49/13102.md?p=14) between a place in Alaska and a place in another [State](/usc/49/13102.md?p=21) under [section 13501](/usc/49/13501.md) is provided in a foreign country—

- (1) neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction to impose a requirement over conduct of the [motor carrier](/usc/49/13102.md?p=14) in the foreign country conflicting with a requirement of that country; but
- (2) the [motor carrier](/usc/49/13102.md?p=14), as a condition of providing [transportation](/usc/49/13102.md?p=23) in the [United States](/usc/49/13102.md?p=24), shall comply, with respect to all [transportation](/usc/49/13102.md?p=23) provided between Alaska and the other [State](/usc/49/13102.md?p=21), with the requirements of this part related to rates and practices applicable to the [transportation](/usc/49/13102.md?p=23).

# §13503. Exempt motor vehicle transportation in terminal areas

- (a) **Transportation by Carriers.—**
  - (1) **In general.—** Neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this subchapter over [transportation](/usc/49/13102.md?p=23) by [motor vehicle](/usc/49/13102.md?p=16) provided in a terminal area when the [transportation](/usc/49/13102.md?p=23)—
    - (A) is a transfer, collection, or delivery;
    - (B) is provided by—
      - (i) a [rail carrier](/usc/49/24901.md?p=2) subject to jurisdiction under [chapter 105](/usc/49/chstIV-ptA-ch105.md);
      - (ii) a [water carrier](/usc/49/13102.md?p=26) subject to jurisdiction under subchapter II of this chapter; or
      - (iii) a [freight forwarder](/usc/49/13102.md?p=8) subject to jurisdiction under subchapter III of this chapter; and
    - (C) is incidental to [transportation](/usc/49/13102.md?p=23) or service provided by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) that is subject to jurisdiction under [chapter 105](/usc/49/chstIV-ptA-ch105.md) of this title or under subchapter II or III of this chapter.
  - (2) **Applicability of other provisions.—** [Transportation](/usc/49/13102.md?p=23) exempt from jurisdiction under paragraph (1) of this subsection is subject to jurisdiction under [chapter 105](/usc/49/chstIV-ptA-ch105.md) when provided by such a [rail carrier](/usc/49/24901.md?p=2), under subchapter II of this chapter when provided by such a [water carrier](/usc/49/13102.md?p=26), and under subchapter III of this chapter when provided by such a [freight forwarder](/usc/49/13102.md?p=8).
- (b) **Transportation by Agent.—**
  - (1) **In general.—** Except to the extent provided by paragraph (2) of this subsection, neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this subchapter over [transportation](/usc/49/13102.md?p=23) by [motor vehicle](/usc/49/13102.md?p=16) provided in a terminal area when the [transportation](/usc/49/13102.md?p=23)—
    - (A) is a transfer, collection, or delivery; and
    - (B) is provided by a [person](/usc/49/13102.md?p=18) as an agent or under other arrangement for—
      - (i) a [rail carrier](/usc/49/24901.md?p=2) subject to jurisdiction under [chapter 105](/usc/49/chstIV-ptA-ch105.md) of this title;
      - (ii) a [motor carrier](/usc/49/13102.md?p=14) subject to jurisdiction under this subchapter;
      - (iii) a [water carrier](/usc/49/13102.md?p=26) subject to jurisdiction under subchapter II of this chapter; or
      - (iv) a [freight forwarder](/usc/49/13102.md?p=8) subject to jurisdiction under subchapter III of this chapter.
  - (2) **Treatment of transportation by principal.—** [Transportation](/usc/49/13102.md?p=23) exempt from jurisdiction under paragraph (1) of this subsection is considered [transportation](/usc/49/13102.md?p=23) provided by the [carrier](/usc/49/13102.md?p=3) or service provided by the [freight forwarder](/usc/49/13102.md?p=8) for whom the [transportation](/usc/49/13102.md?p=23) was provided and is subject to jurisdiction under [chapter 105](/usc/49/chstIV-ptA-ch105.md) of this title when provided for such a [rail carrier](/usc/49/24901.md?p=2), under this subchapter when provided for such a [motor carrier](/usc/49/13102.md?p=14), under subchapter II of this chapter when provided for such a [water carrier](/usc/49/13102.md?p=26), and under subchapter III of this chapter when provided for such a [freight forwarder](/usc/49/13102.md?p=8).

# §13504. Exempt motor carrier transportation entirely in one State


Neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this subchapter over [transportation](/usc/49/13102.md?p=23), except [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10), by a [motor carrier](/usc/49/13102.md?p=14) operating solely within the [State](/usc/49/13102.md?p=21) of Hawaii. The [State](/usc/49/13102.md?p=21) of Hawaii may regulate [transportation](/usc/49/13102.md?p=23) exempt from jurisdiction under this section and, to the extent provided by a [motor carrier](/usc/49/13102.md?p=14) operating solely within the [State](/usc/49/13102.md?p=21) of Hawaii, [transportation](/usc/49/13102.md?p=23) exempt under [section 13503 of this title](/usc/49/13503.md).


# §13505. Transportation furthering a primary business

- (a) **In General.—** Neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this part over the [transportation](/usc/49/13102.md?p=23) of property by [motor vehicle](/usc/49/13102.md?p=16) when—
  - (1) the property is transported by a [person](/usc/49/13102.md?p=18) engaged in a business other than [transportation](/usc/49/13102.md?p=23); and
  - (2) the [transportation](/usc/49/13102.md?p=23) is within the scope of, and furthers a primary business (other than [transportation](/usc/49/13102.md?p=23)) of the [person](/usc/49/13102.md?p=18).
- (b) **Corporate Families.—**
  - (1) **In general.—** Neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this part over [transportation](/usc/49/13102.md?p=23) of property by [motor vehicle](/usc/49/13102.md?p=16) for compensation provided by a [person](/usc/49/13102.md?p=18) 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.

# §13506. Miscellaneous motor carrier transportation exemptions

- (a) **In General.—** Neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this part over—
  - (1) a [motor vehicle](/usc/49/13102.md?p=16) transporting only school children and teachers to or from school;
  - (2) a [motor vehicle](/usc/49/13102.md?p=16) providing [taxicab service](/usc/49/13102.md?p=22);
  - (3) a [motor vehicle](/usc/49/13102.md?p=16) owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a [carrier](/usc/49/13102.md?p=3);
  - (4) a [motor vehicle](/usc/49/13102.md?p=16) controlled and operated by a farmer and transporting—
    - (A) the farmer’s agricultural or horticultural commodities and products; or
    - (B) supplies to the farm of the farmer;
  - (5) a [motor vehicle](/usc/49/13102.md?p=16) controlled and operated by a cooperative [association](/usc/49/14121.md?p=2) (as defined by section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](/usc/12/1141j.md?p=a))) or by a federation of cooperative [associations](/usc/49/14121.md?p=2) if the federation has no greater power or purposes than a cooperative [association](/usc/49/14121.md?p=2), except that if the cooperative [association](/usc/49/14121.md?p=2) or federation provides [transportation](/usc/49/13102.md?p=23) for compensation between a place in a [State](/usc/49/13102.md?p=21) and a place in another [State](/usc/49/13102.md?p=21), or between a place in a [State](/usc/49/13102.md?p=21) and another place in the same [State](/usc/49/13102.md?p=21) through another [State](/usc/49/13102.md?p=21)—
    - (A) for a nonmember that is not a farmer, cooperative [association](/usc/49/14121.md?p=2), federation, or the [United States](/usc/49/13102.md?p=24) Government, the [transportation](/usc/49/13102.md?p=23) (except for [transportation](/usc/49/13102.md?p=23) otherwise exempt under this subchapter)—
      - (i) shall be limited to [transportation](/usc/49/13102.md?p=23) incidental to the primary [transportation](/usc/49/13102.md?p=23) operation of the cooperative [association](/usc/49/14121.md?p=2) or federation and necessary for its effective performance; and
      - (ii) may not exceed in each fiscal year 25 percent of the total [transportation](/usc/49/13102.md?p=23) of the cooperative [association](/usc/49/14121.md?p=2) or federation between those places, measured by tonnage; and
    - (B) the [transportation](/usc/49/13102.md?p=23) for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total [transportation](/usc/49/13102.md?p=23) between those places for the cooperative [association](/usc/49/14121.md?p=2) or federation and its members during that fiscal year;
  - (6) [transportation](/usc/49/13102.md?p=23) by [motor vehicle](/usc/49/13102.md?p=16) of—
    - (A) ordinary livestock;
    - (B) agricultural or horticultural commodities (other than manufactured products thereof);
    - (C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of [Motor Carriers](/usc/49/13102.md?p=14), Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);
    - (D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or byproducts thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and
    - (E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;
  - (7) a [motor vehicle](/usc/49/13102.md?p=16) used only to distribute newspapers;
  - (8)
    - (A) [transportation](/usc/49/13102.md?p=23) of passengers by [motor vehicle](/usc/49/13102.md?p=16) incidental to [transportation](/usc/49/13102.md?p=23) by aircraft;
    - (B) [transportation](/usc/49/13102.md?p=23) of property (including baggage) by [motor vehicle](/usc/49/13102.md?p=16) as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air [carrier](/usc/49/13102.md?p=3) or (to the extent so agreed by the [United States](/usc/49/13102.md?p=24) and approved by the [Secretary](/usc/49/13102.md?p=20)) by a foreign air [carrier](/usc/49/13102.md?p=3); or
    - (C) [transportation](/usc/49/13102.md?p=23) of property by [motor vehicle](/usc/49/13102.md?p=16) in lieu of [transportation](/usc/49/13102.md?p=23) by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the [control](/usc/49/13102.md?p=5) of the [carrier](/usc/49/13102.md?p=3) or shipper;
  - (9) the operation of a [motor vehicle](/usc/49/13102.md?p=16) in a national park or national monument;
  - (10) a [motor vehicle](/usc/49/13102.md?p=16) carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work;
  - (11) [transportation](/usc/49/13102.md?p=23) of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the [transportation](/usc/49/13102.md?p=23) of [motor vehicles](/usc/49/13102.md?p=16) or parts of [motor vehicles](/usc/49/13102.md?p=16));
  - (12) [transportation](/usc/49/13102.md?p=23) of natural, crushed, vesicular rock to be used for decorative purposes;
  - (13) [transportation](/usc/49/13102.md?p=23) of wood chips;
  - (14) [brokers](/usc/49/13102.md?p=2) for [motor carriers](/usc/49/13102.md?p=14) of passengers, except as provided in [section 13904(d)](/usc/49/13904.md?p=d);[^1]
  - (15) [transportation](/usc/49/13102.md?p=23) of broken, crushed, or powdered glass; or
  - (16) the [transportation](/usc/49/13102.md?p=23) of passengers by 9 to 15 passenger [motor vehicles](/usc/49/13102.md?p=16) operated by youth or family camps that provide recreational or educational activities.
- (b) **Exempt Unless Otherwise Necessary.—** Except to the extent the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, finds it necessary to exercise jurisdiction to carry out the [transportation](/usc/49/13102.md?p=23) policy of [section 13101](/usc/49/13101.md), neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under this part over—
  - (1) [transportation](/usc/49/13102.md?p=23) provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except—
    - (A) when the [transportation](/usc/49/13102.md?p=23) is under common [control](/usc/49/13102.md?p=5), management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or
    - (B) that in transporting passengers over a route between a place in a [State](/usc/49/13102.md?p=21) and a place in another [State](/usc/49/13102.md?p=21), or between a place in a [State](/usc/49/13102.md?p=21) and another place in the same [State](/usc/49/13102.md?p=21) through another [State](/usc/49/13102.md?p=21), the [transportation](/usc/49/13102.md?p=23) is exempt from jurisdiction under this part only if the [motor carrier](/usc/49/13102.md?p=14) operating the [motor vehicle](/usc/49/13102.md?p=16) also is lawfully providing intrastate [transportation](/usc/49/13102.md?p=23) of passengers over the entire route under the laws of each [State](/usc/49/13102.md?p=21) through which the route runs;
  - (2) [transportation](/usc/49/13102.md?p=23) by [motor vehicle](/usc/49/13102.md?p=16) provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a [broker](/usc/49/13102.md?p=2) or other [person](/usc/49/13102.md?p=18) sells or offers for sale passenger [transportation](/usc/49/13102.md?p=23) provided by a [person](/usc/49/13102.md?p=18) authorized to transport passengers by [motor vehicle](/usc/49/13102.md?p=16) under an application pending, or registration issued, under this part;
  - (3) the emergency towing of an accidentally wrecked or disabled [motor vehicle](/usc/49/13102.md?p=16); or
  - (4) [transportation](/usc/49/13102.md?p=23) by a [motor vehicle](/usc/49/13102.md?p=16) designed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, if—
    - (A) the [motor vehicle](/usc/49/13102.md?p=16) is operated by a [person](/usc/49/13102.md?p=18) that provides recreational activities;
    - (B) the [transportation](/usc/49/13102.md?p=23) is provided within a 150 air-mile radius of the location at which passengers initially boarded the [motor vehicle](/usc/49/13102.md?p=16) at the outset of the trip; and
    - (C) in the case of a [motor vehicle](/usc/49/13102.md?p=16) transporting passengers over a route between a place in a [State](/usc/49/13102.md?p=21) and a place in another [State](/usc/49/13102.md?p=21), the [person](/usc/49/13102.md?p=18) operating the [motor vehicle](/usc/49/13102.md?p=16) is lawfully providing [transportation](/usc/49/13102.md?p=23) of passengers over the entire route in accordance with applicable [State](/usc/49/13102.md?p=21) law.

# §13507. Mixed loads of regulated and unregulated property


A [motor carrier](/usc/49/13102.md?p=14) of property providing [transportation](/usc/49/13102.md?p=23) exempt from jurisdiction under paragraph [(6)](/usc/49/13506.md?p=a-6), [(8)](/usc/49/13506.md?p=a-8), [(11)](/usc/49/13506.md?p=a-11), [(12)](/usc/49/13506.md?p=a-12), or [(13)](/usc/49/13506.md?p=a-13) of section 13506(a) may transport property under such paragraph in the same vehicle and at the same time as property which the [carrier](/usc/49/13102.md?p=3) is authorized to transport under a registration issued under [section 13902(a)](/usc/49/13902.md?p=a). Such [transportation](/usc/49/13102.md?p=23) shall not affect the unregulated status of such exempt property or the regulated status of the property which the [carrier](/usc/49/13102.md?p=3) is authorized to transport under such registration.


# §13508. Limited authority over cooperative associations

- (a) **In General.—** Notwithstanding [section 13506(a)(5)](/usc/49/13506.md?p=a-5), any cooperative [association](/usc/49/14121.md?p=2) (as defined by section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](/usc/12/1141j.md?p=a))) or a federation of cooperative [associations](/usc/49/14121.md?p=2) shall prepare and maintain such records relating to [transportation](/usc/49/13102.md?p=23) provided by such [association](/usc/49/14121.md?p=2) or federation, in such form as the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) may require by regulation to carry out the provisions of such [section 13506(a)(5)](/usc/49/13506.md?p=a-5). The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), or an employee designated by the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), may on demand and display of proper credentials—
  - (1) inspect and examine the lands, buildings, and equipment of such [association](/usc/49/14121.md?p=2) or federation; and
  - (2) inspect and copy any record of such [association](/usc/49/14121.md?p=2) or federation.
- (b) **Reports.—** Notwithstanding [section 13506(a)(5)](/usc/49/13506.md?p=a-5), the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) may require a cooperative [association](/usc/49/14121.md?p=2) or federation of cooperative [associations](/usc/49/14121.md?p=2) described in [subsection (a)](#a) of this section to file reports with the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) containing answers to questions about [transportation](/usc/49/13102.md?p=23) provided by such [association](/usc/49/14121.md?p=2) or federation.
- (c) **Enforcement.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) may bring a civil action to enforce subsections [(a)](#a) and [(b)](#b) of this section or a regulation or order of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) issued under this section, when violated by a cooperative [association](/usc/49/14121.md?p=2) or federation of cooperative [associations](/usc/49/14121.md?p=2) described in [subsection (a)](#a).
- (d) **Reporting Penalties.—**
  - (1) **In general.—** A [person](/usc/49/13102.md?p=18) required to make a report to the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), answer a question, or maintain a record under this section, or an officer, agent, or employee of that [person](/usc/49/13102.md?p=18), that—
    - (A) does not make the report;
    - (B) does not specifically, completely, and truthfully answer the question; or
    - (C) does not maintain the record in the form and manner prescribed under this section;

    is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues.

  - (2) **Venue.—** Trial in a civil action under [paragraph (1)](#d-1) shall be in the judicial district in which—
    - (A) the cooperative [association](/usc/49/14121.md?p=2) or federation of cooperative [associations](/usc/49/14121.md?p=2) has its principal office;
    - (B) the violation occurred; or
    - (C) the offender is found.

    Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.

- (e) **Evasion Penalties.—** A [person](/usc/49/13102.md?p=18), or an officer, employee, or agent of that [person](/usc/49/13102.md?p=18), that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.
- (f) **Recordkeeping Penalties.—** A [person](/usc/49/13102.md?p=18) required to make a report, answer a question, or maintain a record under this section, or an officer, agent, or employee of that [person](/usc/49/13102.md?p=18), that—
  - (1) willfully does not make that report;
  - (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date that the question is required to be answered;
  - (3) willfully does not maintain that record in the form and manner prescribed;
  - (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record;
  - (5) knowingly and willfully files a false report or record under this section;
  - (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction; or
  - (7) knowingly and willfully maintains a record in violation of a regulation or order issued under this section;

  shall be fined not more than $5,000.


# §13521. General jurisdiction

- (a) **General Rules.—** The [Secretary](/usc/49/13102.md?p=20) and the [Board](/usc/49/13102.md?p=1) have jurisdiction over [transportation](/usc/49/13102.md?p=23) insofar as [water carriers](/usc/49/13102.md?p=26) are concerned—
  - (1) by [water carrier](/usc/49/13102.md?p=26) between a place in a [State](#b) and a place in another [State](#b), even if part of the [transportation](/usc/49/13102.md?p=23) is outside the [United States](#b);
  - (2) by [water carrier](/usc/49/13102.md?p=26) and [motor carrier](/usc/49/13102.md?p=14) from a place in a [State](#b) to a place in another [State](#b); except that if part of the [transportation](/usc/49/13102.md?p=23) is outside the [United States](#b), the [Secretary](/usc/49/13102.md?p=20) only has jurisdiction over that part of the [transportation](/usc/49/13102.md?p=23) provided—
    - (A) by [motor carrier](/usc/49/13102.md?p=14) that is in the [United States](#b); and
    - (B) by [water carrier](/usc/49/13102.md?p=26) that is from a place in the [United States](#b) to another place in the [United States](#b); and
  - (3) by [water carrier](/usc/49/13102.md?p=26) or by [water carrier](/usc/49/13102.md?p=26) and [motor carrier](/usc/49/13102.md?p=14) between a place in the [United States](#b) and a place outside the [United States](#b), to the extent that—
    - (A) when the [transportation](/usc/49/13102.md?p=23) is by [motor carrier](/usc/49/13102.md?p=14), the [transportation](/usc/49/13102.md?p=23) is provided in the [United States](#b);
    - (B) when the [transportation](/usc/49/13102.md?p=23) is by [water carrier](/usc/49/13102.md?p=26) to a place outside the [United States](#b), the [transportation](/usc/49/13102.md?p=23) is provided by [water carrier](/usc/49/13102.md?p=26) from a place in the [United States](#b) to another place in the [United States](#b) before transshipment from a place in the [United States](#b) to a place outside the [United States](#b); and
    - (C) when the [transportation](/usc/49/13102.md?p=23) is by [water carrier](/usc/49/13102.md?p=26) from a place outside the [United States](#b), the [transportation](/usc/49/13102.md?p=23) is provided by [water carrier](/usc/49/13102.md?p=26) from a place in the [United States](#b) to another place in the [United States](#b) after transshipment to a place in the [United States](#b) from a place outside the [United States](#b).
- (b) **Definitions.—** In this section, the terms “State” and “United States” include the territories and possessions of the United States.

# §13531. General jurisdiction

- (a) **In General.—** The [Secretary](/usc/49/13102.md?p=20) and the [Board](/usc/49/13102.md?p=1) have jurisdiction, as specified in this part, over service that a [freight forwarder](/usc/49/13102.md?p=8) undertakes to provide, or is authorized or required under this part to provide, to the extent [transportation](/usc/49/13102.md?p=23) is provided in the [United States](/usc/49/13102.md?p=24) and is between—
  - (1) a place in a [State](/usc/49/13102.md?p=21) and a place in another [State](/usc/49/13102.md?p=21), even if part of the [transportation](/usc/49/13102.md?p=23) is outside the [United States](/usc/49/13102.md?p=24);
  - (2) a place in a [State](/usc/49/13102.md?p=21) and another place in the same [State](/usc/49/13102.md?p=21) through a place outside the [State](/usc/49/13102.md?p=21); or
  - (3) a place in the [United States](/usc/49/13102.md?p=24) and a place outside the [United States](/usc/49/13102.md?p=24).
- (b) **Exemption of Certain Air Carrier Service.—** Neither the [Secretary](/usc/49/13102.md?p=20) nor the [Board](/usc/49/13102.md?p=1) has jurisdiction under [subsection (a)](#a) of this section over service undertaken by a [freight forwarder](/usc/49/13102.md?p=8) using [transportation](/usc/49/13102.md?p=23) of an air [carrier](/usc/49/13102.md?p=3) subject to part A of subtitle VII of this title.

# §13541. Authority to exempt transportation or services

- (a) **In General.—** In any matter subject to jurisdiction under this part, the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as applicable, shall exempt a [person](/usc/49/13102.md?p=18), class of [persons](/usc/49/13102.md?p=18), or a transaction or service from the application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of this part as it applies to such [person](/usc/49/13102.md?p=18), class, transaction, or service, when the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1) finds that the application of that provision—
  - (1) is not necessary to carry out the [transportation](/usc/49/13102.md?p=23) policy of [section 13101](/usc/49/13101.md);
  - (2) is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and
  - (3) is in the public interest.
- (b) **Initiation of Proceeding.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may, where appropriate, begin a proceeding under this section on the [Secretary](/usc/49/13102.md?p=20)’s or [Board](/usc/49/13102.md?p=1)’s own initiative or on application by an interested party.
- (c) **Period of Exemption.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may specify the period of time during which an exemption granted under this section is effective.
- (d) **Revocation.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the [person](/usc/49/13102.md?p=18), class, or [transportation](/usc/49/13102.md?p=23) is necessary to carry out the [transportation](/usc/49/13102.md?p=23) policy of [section 13101](/usc/49/13101.md).
- (e) **Limitations.—**
  - (1) **In general.—** The exemption authority under this section may not be used to relieve a [person](/usc/49/13102.md?p=18) from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities approved under section [13703](/usc/49/13703.md) or [14302](/usc/49/14302.md) or not terminated under [section 13907(d)(2)](/usc/49/13907.md?p=d-2).
  - (2) **Water carriers.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may not exempt a [water carrier](/usc/49/13102.md?p=26) from the application of, or compliance with, section [13701](/usc/49/13701.md) or [13702](/usc/49/13702.md) for [transportation](/usc/49/13102.md?p=23) in the non-contiguous domestic trade.
- (f) **Continuation of Certain Existing Exemptions for Water Carriers.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, shall not regulate or exercise jurisdiction under this part over the [transportation](/usc/49/13102.md?p=23) by [water carrier](/usc/49/13102.md?p=26) in the non-contiguous domestic trade of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission or Interstate Commerce Commission under Federal law in effect on November 1, 1995.

# §13701. Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation

- (a) **Reasonableness.—**
  - (1) **Certain household goods transportation; joint rates involving water transportation.—** A rate, classification, rule, or practice related to [transportation](/usc/49/13102.md?p=23) or service provided by a [carrier](/usc/49/13102.md?p=3) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) for [transportation](/usc/49/13102.md?p=23) or service involving—
    - (A) a movement of [household goods](/usc/49/13102.md?p=10),
    - (B) a rate for a movement by or with a [water carrier](/usc/49/13102.md?p=26) in [noncontiguous domestic trade](/usc/49/13102.md?p=17), or
    - (C) rates, rules, and classifications made collectively by [motor carriers](/usc/49/13102.md?p=14) under agreements approved pursuant to [section 13703](/usc/49/13703.md),

    must be reasonable.

  - (2) **Through routes and divisions of joint rates.—** Through routes and divisions of joint rates for such [transportation](/usc/49/13102.md?p=23) or service must be reasonable.
- (b) **Prescription by Board for Violations.—** When the [Board](/usc/49/13102.md?p=1) finds it necessary to stop or prevent a violation of [subsection (a)](#a), the [Board](/usc/49/13102.md?p=1) shall prescribe the rate, classification, rule, practice, through route, or division of joint rates to be applied for such [transportation](/usc/49/13102.md?p=23) or service.
- (c) **Filing of Complaint.—** A complaint that a rate, classification, rule, or practice in [noncontiguous domestic trade](/usc/49/13102.md?p=17) violates [subsection (a)](#a) may be filed with the [Board](/usc/49/13102.md?p=1).
- (d) **Zone of Reasonableness.—**
  - (1) **In general.—** For purposes of this section, a rate or division of a [motor carrier](/usc/49/13102.md?p=14) for service in [noncontiguous domestic trade](/usc/49/13102.md?p=17) or [water carrier](/usc/49/13102.md?p=26) for port-to-port service in that trade is reasonable if the aggregate of increases and decreases in any such rate or division is not more than 7.5 percent above, or more than 10 percent below, the rate or division in effect 1 year before the effective date of the proposed rate or division.
  - (2) **Adjustments to the zone.—** The percentage specified in [paragraph (1)](#d-1) shall be increased or decreased, as the case may be, by the percentage change in the Producers Price Index, as published by the Department of Labor, that has occurred during the most recent 1-year period before the date the rate or division in question first took effect.
  - (3) **Determinations after complaint.—** The [Board](/usc/49/13102.md?p=1) shall determine whether any rate or division of a [carrier](/usc/49/13102.md?p=3) or service in [noncontiguous domestic trade](/usc/49/13102.md?p=17) which is not within the range described in [paragraph (1)](#d-1) is reasonable if a complaint is filed under [subsection (c)](#c) or [section 13702(b)(6)](/usc/49/13702.md?p=b-6).
  - (4) **Reparations.—** Upon a finding of violation of [subsection (a)](#a), the [Board](/usc/49/13102.md?p=1) shall award reparations to the complaining shipper or shippers in an amount equal to all sums assessed and collected that exceed the determined reasonable rate, division, rate structure, or tariff. Upon complaint from any governmental [agency](/usc/49/114.md?p=n-2-A-i) or authority and upon a finding or violation of [subsection (a)](#a), the [Board](/usc/49/13102.md?p=1) shall make such orders as are just and shall require the [carrier](/usc/49/13102.md?p=3) to return, to the extent practicable, to shippers all amounts plus interest, which the [Board](/usc/49/13102.md?p=1) finds to have been assessed and collected in violation of [subsection (a)](#a).

# §13702. Tariff requirement for certain transportation

- (a) **In General.—** Except when providing [transportation](/usc/49/13102.md?p=23) for charitable purposes without charge, a [carrier](/usc/49/13102.md?p=3) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) may provide [transportation](/usc/49/13102.md?p=23) or service that is—
  - (1) in [noncontiguous domestic trade](/usc/49/13102.md?p=17), except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or
  - (2) for movement of [household goods](/usc/49/13102.md?p=10);

  only if the rate for such [transportation](/usc/49/13102.md?p=23) or service is contained in a tariff that is in effect under this section. The [carrier](/usc/49/13102.md?p=3) may not charge or receive a different compensation for the [transportation](/usc/49/13102.md?p=23) or service than the rate specified in the tariff, whether by returning a part of that rate to a [person](/usc/49/13102.md?p=18), giving a [person](/usc/49/13102.md?p=18) a privilege, allowing the use of a facility that affects the value of that [transportation](/usc/49/13102.md?p=23) or service, or another device. A rate contained in a tariff shall be stated in money of the [United States](/usc/49/13102.md?p=24).

- (b) **Tariff Requirements for Noncontiguous Domestic Trade.—**
  - (1) **Filing.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service described in [subsection (a)(1)](#a-1) shall publish and file with the [Board](/usc/49/13102.md?p=1) tariffs containing the rates established for such [transportation](/usc/49/13102.md?p=23) or service. The [carriers](/usc/49/13102.md?p=3) shall keep such tariffs available for public inspection. The [Board](/usc/49/13102.md?p=1) shall prescribe the form and manner of publishing, filing, and keeping tariffs available for public inspection under this subsection.
  - (2) **Contents.—** The [Board](/usc/49/13102.md?p=1) may prescribe any specific information and charges to be identified in a tariff, but at a minimum tariffs must identify plainly—
    - (A) the [carriers](/usc/49/13102.md?p=3) that are parties to it;
    - (B) the places between which property will be transported;
    - (C) terminal charges if a [carrier](/usc/49/13102.md?p=3) provides [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter III of [chapter 135](/usc/49/chstIV-ptB-ch135.md);
    - (D) privileges given and facilities allowed; and
    - (E) any rules that change, affect, or determine any part of the published rate.
  - (3) **Inland divisions.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service described in [subsection (a)(1)](#a-1) under a joint rate for a through movement shall not be required to [state](/usc/49/13102.md?p=21) separately or otherwise reveal in tariff filings the inland divisions of that through rate.
  - (4) **Time-volume rates.—** Rates in tariffs filed under this subsection may vary with the volume of cargo offered over a specified period of time.
  - (5) **Changes.—** The [Board](/usc/49/13102.md?p=1) may permit [carriers](/usc/49/13102.md?p=3) to change rates, classifications, rules, and practices without filing complete tariffs under this subsection that cover matter that is not being changed when the [Board](/usc/49/13102.md?p=1) finds that action to be consistent with the public interest. Those [carriers](/usc/49/13102.md?p=3) may either—
    - (A) publish new tariffs that incorporate changes, or
    - (B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public inspection.
  - (6) **Complaints.—** A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates [section 13701(a)](/usc/49/13701.md?p=a) may be submitted to the [Board](/usc/49/13102.md?p=1) for resolution.
- (c) **Tariff Requirements for Household Goods Carriers.—**
  - (1) **In general.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) described in [subsection (a)(2)](#a-2) shall maintain rates and related rules and practices in a published tariff. The tariff must be available for inspection by the [Board](/usc/49/13102.md?p=1) and be made available for inspection by shippers upon reasonable request.
  - (2) **Notice of availability.—** A [carrier](/usc/49/13102.md?p=3) that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the [carrier](/usc/49/13102.md?p=3) has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff.
  - (3) **Requirements.—** A [carrier](/usc/49/13102.md?p=3) that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against any [individual shipper](/usc/49/13102.md?p=13).
  - (4) **Incorporation by reference.—** A [carrier](/usc/49/13102.md?p=3) may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10).
  - (5) **Complaints.—** A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates [section 13701(a)](/usc/49/13701.md?p=a) may be submitted to the [Board](/usc/49/13102.md?p=1) for resolution.
- (d) **Invalidation.—** The [Board](/usc/49/13102.md?p=1) may invalidate a tariff prepared by a [carrier](/usc/49/13102.md?p=3) or [carriers](/usc/49/13102.md?p=3) under this section if that tariff violates this section or a regulation of the [Board](/usc/49/13102.md?p=1) carrying out this section.

# §13703. Certain collective activities; exemption from antitrust laws

- (a) **Agreements.—**
  - (1) **Authority to enter.—** A [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) may enter into an agreement with one or more such [carriers](/usc/49/13102.md?p=3) to establish—
    - (A) through routes and joint rates;
    - (B) rates for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10);
    - (C) classifications;
    - (D) mileage guides;
    - (E) rules;
    - (F) divisions;
    - (G) rate adjustments of general application based on industry average [carrier](/usc/49/13102.md?p=3) costs (so long as there is no discussion of individual markets or particular single-line rates); or
    - (H) procedures for joint consideration, initiation, or establishment of matters described in [subparagraphs (A) through (G)](#a-1-A..a-1-G).
  - (2) **Submission of agreement to board; approval.—** An agreement entered into under [paragraph (1)](#a-1) may be submitted by any [carrier](/usc/49/13102.md?p=3) or [carriers](/usc/49/13102.md?p=3) that are parties to such agreement to the [Board](/usc/49/13102.md?p=1) for approval and may be approved by the [Board](/usc/49/13102.md?p=1) only if it finds that such agreement is in the public interest.
  - (3) **Conditions.—** The [Board](/usc/49/13102.md?p=1) may require compliance with reasonable conditions consistent with this part to assure that the agreement furthers the [transportation](/usc/49/13102.md?p=23) policy set forth in [section 13101](/usc/49/13101.md).
  - (4) **Independently established rates.—** Any [carrier](/usc/49/13102.md?p=3) which is a party to an agreement under [paragraph (1)](#a-1) is not, and may not be, precluded from independently establishing its own rates, classification, and mileages or from adopting and using a noncollectively made classification or mileage guide.
  - (5) **Investigations.—**
    - (A) **Reasonableness.—** The [Board](/usc/49/13102.md?p=1) may suspend and investigate the reasonableness of any rate, rule, classification, or rate adjustment of general application made pursuant to an agreement under this section.
    - (B) **Actions not in the public interest.—** The [Board](/usc/49/13102.md?p=1) may investigate any action taken pursuant to an agreement approved under this section. If the [Board](/usc/49/13102.md?p=1) finds that the action is not in the public interest, the [Board](/usc/49/13102.md?p=1) may take such measures as may be necessary to protect the public interest with regard to the action, including issuing an order directing the parties to cease and desist or modify the action.
  - (6) **Effect of approval.—** If the [Board](/usc/49/13102.md?p=1) approves the agreement or renews approval of the agreement, it may be made and carried out under its terms and under the conditions required by the [Board](/usc/49/13102.md?p=1), and the antitrust laws, as defined in the first section of the Clayton Act ([15 U.S.C. 12](/usc/15/12.md)), do not apply to parties and other [persons](/usc/49/13102.md?p=18) with respect to making or carrying out the agreement.
- (b) **Records.—** The [Board](/usc/49/13102.md?p=1) may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The [Board](/usc/49/13102.md?p=1), or its delegate, may inspect a record maintained under this section, or monitor any organization’s compliance with this section.
- (c) **Review.—**
  - (1) **In general.—** The [Board](/usc/49/13102.md?p=1) may review an agreement approved under this section, on its own initiative or on request, and shall change the conditions of approval or terminate it when necessary to protect the public interest. Action of the [Board](/usc/49/13102.md?p=1) under this section—
    - (A) approving an agreement,
    - (B) denying, ending, or changing approval,
    - (C) prescribing the conditions on which approval is granted, or
    - (D) changing those conditions,

    has effect only as related to application of the antitrust laws referred to in [subsection (a)](#a).

  - (2) **Periodic review of approvals.—** Subject to this section, in the 5-year period beginning on the date of the enactment of this paragraph and in each 5-year period thereafter, the [Board](/usc/49/13102.md?p=1) shall initiate a proceeding to review any agreement approved pursuant to this section. Any such agreement shall be continued unless the [Board](/usc/49/13102.md?p=1) determines otherwise.
- (d) **Existing Agreements.—**
  - (1) **Agreements existing as of December 31, 1995.—** Agreements approved under former [section 10706(b)](/usc/49/10706.md?p=b) and in effect on December 31, 1995, shall be treated for purposes of this section as approved by the [Board](/usc/49/13102.md?p=1) under this section beginning on January 1, 1996.
  - (2) **Cases pending as of date of the enactment.—** Nothing in section 227 (other than [subsection (b)](#b)) of the [Motor Carrier](/usc/49/13102.md?p=14) Safety Improvement Act of 1999, including the amendments made by such section, shall be construed to affect any case brought under this section that is pending before the [Board](/usc/49/13102.md?p=1) as of the date of the enactment of this paragraph.
- (e) **Limitations on Statutory Construction.—**
  - (1) **Undercharge claims.—** Nothing in this section shall serve as a basis for any undercharge claim.
  - (2) **Obligation of shipper.—** Nothing in this title, the ICC Termination Act of 1995, or any amendments or repeals made by such Act shall be construed as creating any obligation for a shipper based solely on a classification that was on file with the Interstate Commerce Commission or elsewhere on December 31, 1995.
- (f) **Industry Standard Guides.—**
  - (1) **In general.—**
    - (A) **Public availability.—** Routes, rates, classifications, mileage guides, and rules established under agreements approved under this section shall be published and made available for public inspection upon request.
    - (B) **Participation of carriers.—**
      - (i) **In general.—** A [motor carrier](/usc/49/13102.md?p=14) of property whose routes, rates, classifications, mileage guides, rules, or packaging are determined or governed by publications established under agreements approved under this section must participate in the determining or governing publication for such provisions to apply.
      - (ii) **Power of attorney.—** The [motor carrier](/usc/49/13102.md?p=14) of property shall issue a power of attorney to the publishing agent and, upon its acceptance, the agent shall issue a written certification to the [motor carrier](/usc/49/13102.md?p=14) affirming its participation in the governing publication, and the certification shall be made available for public inspection.
  - (2) **Mileage limitation.—** No [carrier](/usc/49/13102.md?p=3) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may enforce collection of its mileage rates unless such [carrier](/usc/49/13102.md?p=3)—
    - (A) is a participant in a publication of mileages formulated under an agreement approved under this section; or
    - (B) uses a publication of mileage (other than a publication described in [subparagraph (A)](#f-2-A)) that can be examined by any interested [person](/usc/49/13102.md?p=18) upon reasonable request.
- (g) **Single Line Rate Defined.—** In this section, the term “single line rate” means a rate, charge, or allowance proposed by a single [motor carrier](/usc/49/13102.md?p=14) that is applicable only over its line and for which the [transportation](/usc/49/13102.md?p=23) can be provided by that [carrier](/usc/49/13102.md?p=3).

# §13704. Household goods rates—estimates; guarantees of service

- (a) **In General.—**
  - (1) **Authority.—** Subject to the provisions of paragraph (2) of this subsection, a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may establish a rate for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) which is based on the [carrier](/usc/49/13102.md?p=3)’s written, binding estimate of charges for providing such [transportation](/usc/49/13102.md?p=23).
  - (2) **Nonpreferential; nonpredatory.—** Any rate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.
- (b) **Rates for Guaranteed Service.—**
  - (1) **Authority.—** Subject to the provisions of paragraph (2) of this subsection, a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may establish rates for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) which guarantee that the [carrier](/usc/49/13102.md?p=3) will pick up and deliver such [household goods](/usc/49/13102.md?p=10) at the times specified in the contract for such services and provide a penalty or per diem payment in the event the [carrier](/usc/49/13102.md?p=3) fails to pick up or deliver such [household goods](/usc/49/13102.md?p=10) at the specified time. The charges, if any, for such guarantee and penalty provision may vary to reflect one or more options available to meet a particular shipper’s needs.
  - (2) **Authority of secretary to require nonguaranteed service rates.—** Before a [carrier](/usc/49/13102.md?p=3) may establish a rate for any service under paragraph (1) of this subsection, the [Secretary](/usc/49/13102.md?p=20) may require such [carrier](/usc/49/13102.md?p=3) to have in effect and keep in effect, during any period such rate is in effect under [paragraph (1)](#b-1), a rate for such service which does not guarantee the pick up and delivery of [household goods](/usc/49/13102.md?p=10) at the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the [carrier](/usc/49/13102.md?p=3) fails to pick up or deliver [household goods](/usc/49/13102.md?p=10) at the specified time.

# §13705. Requirements for through routes among motor carriers of passengers

- (a) **Establishment; Reasonableness.—** A [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall establish through routes with other [carriers](/usc/49/13102.md?p=3) of the same type and shall establish individual and joint rates applicable to them. Such through route must be reasonable.
- (b) **Prescribed by Board.—** When the [Board](/usc/49/13102.md?p=1) finds it necessary to enforce the requirements of this section, the [Board](/usc/49/13102.md?p=1) may prescribe through routes and the conditions under which those routes must be operated for [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md).

# §13706. Liability for payment of rates

- (a) **Liability of Consignee.—** Liability for payment of rates for [transportation](/usc/49/13102.md?p=23) for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this section when the [transportation](/usc/49/13102.md?p=23) is provided by [motor carrier](/usc/49/13102.md?p=14) under this part. When the shipper or consignor instructs the [carrier](/usc/49/13102.md?p=3) transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering [carrier](/usc/49/13102.md?p=3) before delivery of the property—
  - (1) of the [agency](/usc/49/114.md?p=n-2-A-i) and absence of beneficial title; and
  - (2) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
- (b) **Liability of Beneficial Owner.—** When the consignee is liable only for rates billed at the time of delivery under [subsection (a)](#a), the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner is liable for those additional rates regardless of the bill of the lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the [carrier](/usc/49/13102.md?p=3) in the reconsignment or diversion order a notice of [agency](/usc/49/114.md?p=n-2-A-i) and the name and address of the beneficial owner. A consignee giving the [carrier](/usc/49/13102.md?p=3) erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.

# §13707. Payment of rates

- (a) **Transfer of Possession Upon Payment.—** Except as provided in [subsection (b)](#b), a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under this part shall give up possession at the destination of the property transported by it only when payment for the [transportation](/usc/49/13102.md?p=23) or service is made.
- (b) **Exceptions.—**
  - (1) **Regulations.—** Under regulations of the [Secretary](/usc/49/13102.md?p=20) governing the payment for [transportation](/usc/49/13102.md?p=23) and service and preventing discrimination, those [carriers](/usc/49/13102.md?p=3) may give up possession at destination of property transported by them before payment for the [transportation](/usc/49/13102.md?p=23) or service. The regulations of the [Secretary](/usc/49/13102.md?p=20) may provide for weekly or monthly payment for [transportation](/usc/49/13102.md?p=23) provided by [motor carriers](/usc/49/13102.md?p=14) and for periodic payment for [transportation](/usc/49/13102.md?p=23) provided by [water carriers](/usc/49/13102.md?p=26).
  - (2) **Extensions of credit to governmental entities.—** Such a [carrier](/usc/49/13102.md?p=3) (including a [motor carrier](/usc/49/13102.md?p=14) being used by a [household goods freight forwarder](/usc/49/13102.md?p=11)) may extend credit for transporting property for the [United States](/usc/49/13102.md?p=24) Government, a [State](/usc/49/13102.md?p=21), a territory or possession of the [United States](/usc/49/13102.md?p=24), or a political subdivision of any of them.
  - (3) **Shipments of household goods.—**
    - (A) **In general.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) of a shipment of [household goods](/usc/49/13102.md?p=10) shall give up possession of the [household goods](/usc/49/13102.md?p=10) being transported at the destination upon payment of—
      - (i) 100 percent of the charges contained in a binding estimate provided by the [carrier](/usc/49/13102.md?p=3);
      - (ii) not more than 110 percent of the charges contained in a nonbinding estimate provided by the [carrier](/usc/49/13102.md?p=3); or
      - (iii) in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with [subparagraph (B)](#b-3-B).
    - (B) **Calculation of prorated charges.—** For purposes of [subparagraph (A)(iii)](#b-3-A-iii), the prorated percentage of the charges shall be the percentage of the total charges due to the [carrier](/usc/49/13102.md?p=3) as described in clause [(i)](#b-3-A-i) or [(ii)](#b-3-A-ii) of subparagraph (A) that is equal to the percentage of the weight of that portion of the shipment delivered to the total weight of the shipment.
    - (C) **Post-contract services.—** [Subparagraph (A)](#b-3-A) does not apply to additional services requested by a shipper after the contract of service is executed that were not included in the estimate.
    - (D) **Impracticable operations.—** [Subparagraph (A)](#b-3-A) does not apply to impracticable operations, as defined by the applicable [carrier](/usc/49/13102.md?p=3) tariff, except that the charges collected at delivery for such operations shall not exceed 15 percent of all other charges due at delivery. Any remaining charges due shall be paid within 30 days after the [carrier](/usc/49/13102.md?p=3) presents its freight bill.

# §13708. Billing and collecting practices

- (a) **Disclosure.—** A [motor carrier](/usc/49/13102.md?p=14) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall disclose, when a document is presented or electronically transmitted for payment to the [person](/usc/49/13102.md?p=18) responsible directly to the [motor carrier](/usc/49/13102.md?p=14) for payment or agent of such responsible [person](/usc/49/13102.md?p=18), the actual rates, charges, or allowances for any [transportation](/usc/49/13102.md?p=23) service and shall also disclose, at such time, whether and to whom any allowance or reduction in charges is made.
- (b) **False or Misleading Information.—** No [person](/usc/49/13102.md?p=18) may cause a [motor carrier](/usc/49/13102.md?p=14) to present false or misleading information on a document about the actual rate, charge, or allowance to any party to the transaction.
- (c) **Allowances for Services.—** When the actual rate, charge, or allowance is dependent upon the performance of a service by a party to the [transportation](/usc/49/13102.md?p=23) arrangement, such as tendering a volume of freight over a stated period of time, the [motor carrier](/usc/49/13102.md?p=14) shall indicate in any document presented for payment to the [person](/usc/49/13102.md?p=18) responsible directly to the [motor carrier](/usc/49/13102.md?p=14) that a reduction, allowance, or other adjustment may apply.

# §13709. Procedures for resolving claims involving unfiled, negotiated transportation rates

- (a) **Transportation Provided at Rates Other Than Legal Tariff Rates.—**
  - (1) **In general.—** When a claim is made by a [motor carrier](/usc/49/13102.md?p=14) of property (other than a [household goods](/usc/49/13102.md?p=10) [carrier](/usc/49/13102.md?p=3)) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter II of [chapter 105](/usc/49/chstIV-ptA-ch105.md) (as in effect on December 31, 1995) or subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md), by a [freight forwarder](/usc/49/13102.md?p=8) (other than a [household goods freight forwarder](/usc/49/13102.md?p=11)), or by a party representing such a [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) regarding the collection of rates or charges for such [transportation](/usc/49/13102.md?p=23) in addition to those originally billed and collected by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) for such [transportation](/usc/49/13102.md?p=23), the [person](/usc/49/13102.md?p=18) against whom the claim is made may elect to satisfy the claim under the provisions of subsection [(b)](#b), [(c)](#c), or [(d)](#d), upon showing that—
    - (A) the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
    - (B) with respect to the claim—
      - (i) the [person](/usc/49/13102.md?p=18) was offered a [transportation](/usc/49/13102.md?p=23) rate by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) other than that legally on file at the time with the [Board](/usc/49/13102.md?p=1) or with the Interstate Commerce Commission, as required, for the [transportation](/usc/49/13102.md?p=23) service;
      - (ii) the [person](/usc/49/13102.md?p=18) tendered freight to the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) in reasonable reliance upon the offered [transportation](/usc/49/13102.md?p=23) rate;
      - (iii) the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) did not properly or timely file with the [Board](/usc/49/13102.md?p=1) or with the Interstate Commerce Commission, as required, a tariff providing for such [transportation](/usc/49/13102.md?p=23) rate or failed to enter into an agreement for [contract carriage](/usc/49/13102.md?p=4);
      - (iv) such [transportation](/usc/49/13102.md?p=23) rate was billed and collected by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8); and
      - (v) the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) demands additional payment of a higher rate filed in a tariff.
  - (2) **Forum.—** If there is a dispute as to the showing under [paragraph (1)(A)](#a-1-A), such dispute shall be resolved by the court in which the claim is brought. If there is a dispute as to the showing under [paragraph (1)(B)](#a-1-B), such dispute shall be resolved by the [Board](/usc/49/13102.md?p=1). Pending the resolution of any such dispute, the [person](/usc/49/13102.md?p=18) shall not have to pay any additional compensation to the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8).
  - (3) **Effect of satisfaction of claims.—** Satisfaction of the claim under subsection [(b)](#b), [(c)](#c), or [(d)](#d) shall be binding on the parties, and the parties shall not be subject to [chapter 119](/usc/49/chstIV-ptA-ch119.md) of this title, as such chapter was in effect on December 31, 1995, or [chapter 149](/usc/49/chstIV-ptB-ch149.md).
- (b) **Claims Involving Shipments Weighing 10,000 Pounds or Less.—** A [person](/usc/49/13102.md?p=18) from whom the additional legally applicable and effective tariff rate or charges are sought may elect to satisfy the claim if the shipments each weighed 10,000 pounds or less, by payment of 20 percent of the difference between the [carrier](/usc/49/13102.md?p=3)’s applicable and effective tariff rate and the rate originally billed and paid. In the event that a dispute arises as to the rate that was legally applicable to the shipment, such dispute shall be resolved by the [Board](/usc/49/13102.md?p=1).
- (c) **Claims Involving Shipments Weighing More Than 10,000 Pounds.—** A [person](/usc/49/13102.md?p=18) from whom the additional legally applicable and effective tariff rate or charges are sought may elect to satisfy the claim if the shipments each weighed more than 10,000 pounds, by payment of 15 percent of the difference between the [carrier](/usc/49/13102.md?p=3)’s applicable and effective tariff rate and the rate originally billed and paid. In the event that a dispute arises as to the rate that was legally applicable to the shipment, such dispute shall be resolved by the [Board](/usc/49/13102.md?p=1).
- (d) **Claims Involving Public Warehousemen.—** Notwithstanding subsections [(b)](#b) and [(c)](#c), a [person](/usc/49/13102.md?p=18) from whom the additional legally applicable and effective tariff rate or charges are sought may elect to satisfy the claim by payment of 5 percent of the difference between the [carrier](/usc/49/13102.md?p=3)’s applicable and effective tariff rate and the rate originally billed and paid if such [person](/usc/49/13102.md?p=18) is a public warehouseman. In the event that a dispute arises as to the rate that was legally applicable to the shipment, such dispute shall be resolved by the [Board](/usc/49/13102.md?p=1).
- (e) **Effects of Election.—** When a [person](/usc/49/13102.md?p=18) from whom additional legally applicable freight rates or charges are sought does not elect to use the provisions of subsection [(b)](#b), [(c)](#c) or [(d)](#d), the [person](/usc/49/13102.md?p=18) may pursue all rights and remedies existing under this part or, for [transportation](/usc/49/13102.md?p=23) provided before January 1, 1996, all rights and remedies that existed under this title on December 31, 1995.
- (f) **Stay of Additional Compensation.—** When a [person](/usc/49/13102.md?p=18) proceeds under this section to challenge the reasonableness of the legally applicable freight rate or charges being claimed by a [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) in addition to those already billed and collected, the [person](/usc/49/13102.md?p=18) shall not have to pay any additional compensation to the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) until the [Board](/usc/49/13102.md?p=1) has made a determination as to the reasonableness of the challenged rate as applied to the freight of the [person](/usc/49/13102.md?p=18) against whom the claim is made.
- (g) **Notification of Election.—**
  - (1) **General rule.—** A [person](/usc/49/13102.md?p=18) must notify the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) as to its election to proceed under subsection [(b)](#b), [(c)](#c), or [(d)](#d). Except as provided in paragraphs [(2)](#g-2), [(3)](#g-3), and [(4)](#g-4), such election may be made at any time.
  - (2) **Demands for payment initially made after december 3, 1993.—** If the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party representing such [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) initially demands the payment of additional freight charges after December 3, 1993, and notifies the [person](/usc/49/13102.md?p=18) from whom additional freight charges are sought of the provisions of [subsections (a) through (f)](#a..f) at the time of the making of such initial demand, the election must be made not later than the later of—
    - (A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
    - (B) March 5, 1994.
  - (3) **Pending suits for collection made before december 4, 1993.—** If the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party representing such [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) has filed, before December 4, 1993, a suit for the collection of additional freight charges and notifies the [person](/usc/49/13102.md?p=18) from whom additional freight charges are sought of the provisions of [subsections (a) through (f)](#a..f), the election must be made not later than the 90th day following the date on which such notification is received.
  - (4) **Demands for payment made before december 4, 1993.—** If the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party representing such [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) has demanded the payment of additional freight charges, and has not filed a suit for the collection of such additional freight charges, before December 4, 1993, and notifies the [person](/usc/49/13102.md?p=18) from whom additional freight charges are sought of the provisions of [subsections (a) through (f)](#a..f), the election must be made not later than the later of—
    - (A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
    - (B) March 5, 1994.
- (h) **Claims Involving Small-Business Concerns, Charitable Organizations, and Re­cyclable Materials.—**
  - (1) **In general.—** Notwithstanding subsections [(b)](#b), [(c)](#c), and [(d)](#d), a [person](/usc/49/13102.md?p=18) from whom the additional legally applicable and effective tariff rate or charges are sought shall not be liable for the difference between the [carrier](/usc/49/13102.md?p=3)’s applicable and effective tariff rate and the rate originally billed and paid—
    - (A) if such [person](/usc/49/13102.md?p=18) qualifies as a small-business concern under the Small Business Act ([15 U.S.C. 631](/usc/15/631.md) et seq.),
    - (B) if such [person](/usc/49/13102.md?p=18) is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under [section 501(a)](/usc/49/501.md?p=a) of such Code, or
    - (C) if the cargo involved in the claim is [recyclable materials](#h-2).
  - (2) **Recyclable materials defined.—** In this subsection, the term “recyclable materials” means waste products for recycling or reuse in the furtherance of recognized pollution [control](/usc/49/13102.md?p=5) programs.

# §13710. Additional billing and collecting practices

- (a) **Miscellaneous Provisions.—**
  - (1) **Information relating to basis of rate.—** A [motor carrier](/usc/49/13102.md?p=14) of property (other than a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) in [noncontiguous domestic trade](/usc/49/13102.md?p=17)) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate applicable to its shipment or agreed to between the shipper and [carrier](/usc/49/13102.md?p=3) is based.
  - (2) **Reasonableness of rates; collecting additional charges.—** When the applicability or reasonableness of the rates and related provisions billed by a [motor carrier](/usc/49/13102.md?p=14) is challenged by the [person](/usc/49/13102.md?p=18) paying the freight charges, the [Board](/usc/49/13102.md?p=1) shall determine whether such rates and provisions are reasonable under [section 13701](/usc/49/13701.md) or applicable based on the record before it.
  - (3) **Billing disputes.—**
    - (A) **Initiated by motor carriers.—** In those cases where a [motor carrier](/usc/49/13102.md?p=14) (other than a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) or in [noncontiguous domestic trade](/usc/49/13102.md?p=17)) seeks to collect charges in addition to those billed and collected which are contested by the payor, the [carrier](/usc/49/13102.md?p=3) may request that the [Board](/usc/49/13102.md?p=1) determine whether any additional charges over those billed and collected must be paid. A [carrier](/usc/49/13102.md?p=3) must issue any bill for charges in addition to those originally billed within 180 days of the receipt of the original bill in order to have the right to collect such charges.
    - (B) **Initiated by shippers.—** If a shipper seeks to contest the charges originally billed or additional charges subsequently billed, the shipper may request that the [Board](/usc/49/13102.md?p=1) determine whether the charges billed must be paid. A shipper must contest the original bill or subsequent bill within 180 days of receipt of the bill in order to have the right to contest such charges.
  - (4) **Voiding of certain tariffs.—** Any tariff on file with the Interstate Commerce Commission on August 26, 1994, and not required to be filed after that date is null and void beginning on that date. Any tariff on file with the Interstate Commerce Commission on January 1, 1996, and not required to be filed after that date is null and void beginning on that date.
- (b) **Resolution of Disputes Over Status of Common Carrier or Contract Carrier.—** If a [motor carrier](/usc/49/13102.md?p=14) (other than a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10)) that was subject to jurisdiction under subchapter II of [chapter 105](/usc/49/chstIV-ptA-ch105.md), as in effect on December 31, 1995, and that had authority to provide [transportation](/usc/49/13102.md?p=23) as both a motor common [carrier](/usc/49/13102.md?p=3) and a motor contract [carrier](/usc/49/13102.md?p=3) and a dispute arises as to whether certain [transportation](/usc/49/13102.md?p=23) that was provided prior to January 1, 1996, was provided in its common [carrier](/usc/49/13102.md?p=3) or contract [carrier](/usc/49/13102.md?p=3) capacity and the parties are not able to resolve the dispute consensually, the [Board](/usc/49/13102.md?p=1) shall resolve the dispute.

# §13711. Alternative procedure for resolving undercharge disputes

- (a) **General Rule.—** It shall be an unreasonable practice for a [motor carrier](/usc/49/13102.md?p=14) of property (other than a [household goods](/usc/49/13102.md?p=10) [carrier](/usc/49/13102.md?p=3)) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or, before January 1, 1996, to have provided [transportation](/usc/49/13102.md?p=23) that was subject to jurisdiction under subchapter II of [chapter 105](/usc/49/chstIV-ptA-ch105.md), as in effect on December 31, 1995, a [freight forwarder](/usc/49/13102.md?p=8) (other than a [household goods freight forwarder](/usc/49/13102.md?p=11)), or a party representing such a [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) to attempt to charge or to charge for a [transportation](/usc/49/13102.md?p=23) service the difference between (1) the applicable rate that was lawfully in effect pursuant to a tariff that was filed in accordance with this chapter or, with respect to [transportation](/usc/49/13102.md?p=23) provided before January 1, 1996, in accordance with [chapter 107](/usc/49/chstIV-ptA-ch107.md), as in effect on the date the [transportation](/usc/49/13102.md?p=23) was provided, by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) applicable to such [transportation](/usc/49/13102.md?p=23) service, and (2) the [negotiated rate](#f) for such [transportation](/usc/49/13102.md?p=23) service if the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) is no longer transporting property between places described in [section 13501(1)](/usc/49/13501.md?p=1) or is transporting property between places described in [section 13501(1)](/usc/49/13501.md?p=1) for the purpose of avoiding application of this section.
- (b) **Jurisdiction of Board.—**
  - (1) **Determination.—** The [Board](/usc/49/13102.md?p=1) shall have jurisdiction to make a determination of whether or not attempting to charge or the charging of a rate by a [motor carrier](/usc/49/13102.md?p=14) or [freight forwarder](/usc/49/13102.md?p=8) or party representing a [motor carrier](/usc/49/13102.md?p=14) or [freight forwarder](/usc/49/13102.md?p=8) is an unreasonable practice under [subsection (a)](#a). If the [Board](/usc/49/13102.md?p=1) determines that attempting to charge or the charging of the rate is an unreasonable practice under [subsection (a)](#a), the [carrier](/usc/49/13102.md?p=3), [freight forwarder](/usc/49/13102.md?p=8), or party may not collect the difference described in [subsection (a)](#a) between the applicable rate and the [negotiated rate](#f) for the [transportation](/usc/49/13102.md?p=23) service.
  - (2) **Factors to consider.—** In making a determination under [paragraph (1)](#b-1), the [Board](/usc/49/13102.md?p=1) shall consider—
    - (A) whether the [person](/usc/49/13102.md?p=18) was offered a [transportation](/usc/49/13102.md?p=23) rate by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party other than that legally on file with the Interstate Commerce Commission or the [Board](/usc/49/13102.md?p=1), as required, at the time of the movement for the [transportation](/usc/49/13102.md?p=23) service;
    - (B) whether the [person](/usc/49/13102.md?p=18) tendered freight to the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) in reasonable reliance upon the offered [transportation](/usc/49/13102.md?p=23) rate;
    - (C) whether the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) did not properly or timely file with the Interstate Commerce Commission or the [Board](/usc/49/13102.md?p=1), as required, a tariff providing for such [transportation](/usc/49/13102.md?p=23) rate or failed to enter into an agreement for [contract carriage](/usc/49/13102.md?p=4);
    - (D) whether the [transportation](/usc/49/13102.md?p=23) rate was billed and collected by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8); and
    - (E) whether the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party demands additional payment of a higher rate filed in a tariff.
- (c) **Stay of Additional Compensation.—** When a [person](/usc/49/13102.md?p=18) proceeds under this section to challenge the reasonableness of the practice of a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or party described in [subsection (a)](#a) to attempt to charge or to charge the difference described in [subsection (a)](#a) between the applicable rate and the [negotiated rate](#f) for the [transportation](/usc/49/13102.md?p=23) service in addition to those charges already billed and collected for the [transportation](/usc/49/13102.md?p=23) service, the [person](/usc/49/13102.md?p=18) shall not have to pay any additional compensation to the [carrier](/usc/49/13102.md?p=3), [freight forwarder](/usc/49/13102.md?p=8), or party until the [Board](/usc/49/13102.md?p=1) has made a determination as to the reasonableness of the practice as applied to the freight of the [person](/usc/49/13102.md?p=18) against whom the claim is made.
- (d) **Treatment.—** [Subsection (a)](#a) is an exception to the requirements of [section 13702](/usc/49/13702.md) and, for [transportation](/usc/49/13102.md?p=23) provided before January 1, 1996, to the requirements of sections 10761(a) and 10762, as in effect on December 31, 1995, as such sections relate to a filed tariff rate and other general tariff requirements.
- (e) **Nonapplicability of Negotiated Rate Dispute Resolution Procedure.—** If a [person](/usc/49/13102.md?p=18) elects to seek enforcement of [subsection (a)](#a) with respect to a rate for a [transportation](/usc/49/13102.md?p=23) or service, [section 13709](/usc/49/13709.md) shall not apply to such rate.
- (f) **Definitions.—** In this section, the term “negotiated rate” means a rate, charge, classification, or rule agreed upon by a [motor carrier](/usc/49/13102.md?p=14) or [freight forwarder](/usc/49/13102.md?p=8) and a shipper through negotiations pursuant to which no tariff was lawfully and timely filed and for which there is written evidence of such agreement.
- (g) **Applicability to Pending Cases.—** This section shall apply to all cases and proceedings pending on January 1, 1996.

# §13712. Government traffic


A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service for the [United States](/usc/49/13102.md?p=24) Government may transport property or individuals for the [United States](/usc/49/13102.md?p=24) Government without charge or at a rate reduced from the applicable commercial rate. [Section 6101(b) to (d)](/usc/41/6101.md?p=b..d) of title 41 does not apply when [transportation](/usc/49/13102.md?p=23) for the [United States](/usc/49/13102.md?p=24) Government can be obtained from a [carrier](/usc/49/13102.md?p=3) lawfully operating in the area where the [transportation](/usc/49/13102.md?p=23) would be provided.


# §13713. Food and grocery transportation

- (a) **Certain Compensation Prohibited.—** Notwithstanding any other provision of law, it shall not be unlawful for a seller of food and grocery products using a uniform zone delivered pricing system to compensate a customer who picks up purchased food and grocery products at the shipping point of the seller if such compensation is available to all customers of the seller on a nondiscriminatory basis and does not exceed the actual cost to the seller of delivery to such customer.
- (b) **Sense of Congress.—** It is the sense of the Congress that any savings accruing to a customer by reason of compensation permitted by [subsection (a)](#a) of this section should be passed on to the ultimate consumer.

# §13901. Requirements for registration

- (a) **In General.—** A [person](/usc/49/13102.md?p=18) may provide [transportation](/usc/49/13102.md?p=23) as a [motor carrier](/usc/49/13102.md?p=14) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or service as a [freight forwarder](/usc/49/13102.md?p=8) subject to jurisdiction under subchapter III of such chapter, or service as a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of such chapter only if the [person](/usc/49/13102.md?p=18) is registered under this chapter to provide such [transportation](/usc/49/13102.md?p=23) or service.
- (b) **Registration Numbers.—**
  - (1) **In general.—** If the [Secretary](/usc/49/13102.md?p=20) registers a [person](/usc/49/13102.md?p=18) under this chapter to provide [transportation](/usc/49/13102.md?p=23) or service, including as a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2), the [Secretary](/usc/49/13102.md?p=20) shall issue a distinctive registration number to the [person](/usc/49/13102.md?p=18) for each such authority to provide [transportation](/usc/49/13102.md?p=23) or service for which the [person](/usc/49/13102.md?p=18) is registered.
  - (2) **Transportation or service type indicator.—** A number issued under [paragraph (1)](#b-1) shall include an indicator of the type of [transportation](/usc/49/13102.md?p=23) or service for which the registration number is issued, including whether the registration number is issued for registration of a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2).
- (c) **Specification of Authority.—** For each agreement to provide [transportation](/usc/49/13102.md?p=23) or service for which registration is required under this chapter, the registrant shall specify, in writing, the authority under which the [person](/usc/49/13102.md?p=18) is providing such [transportation](/usc/49/13102.md?p=23) or service.

# §13902. Registration of motor carriers

- (a) **Motor Carrier Generally.—**
  - (1) **In general.—** Except as otherwise provided in this section, the [Secretary](/usc/49/13102.md?p=20) of [Transportation](/usc/49/13102.md?p=23) shall register a [person](/usc/49/13102.md?p=18) to provide [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) as a [motor carrier](#g) using self-propelled vehicles the [motor carrier](#g) owns, rents, or leases only if the [Secretary](/usc/49/13102.md?p=20) determines that the [person](/usc/49/13102.md?p=18)—
    - (A) is willing and able to comply with—
      - (i) this part and the applicable regulations of the [Secretary](/usc/49/13102.md?p=20) and the [Board](/usc/49/13102.md?p=1);
      - (ii) any safety regulations imposed by the [Secretary](/usc/49/13102.md?p=20);
      - (iii) the duties of employers and employees established by the [Secretary](/usc/49/13102.md?p=20) under [section 31135](/usc/49/31135.md);
      - (iv) the safety fitness requirements established by the [Secretary](/usc/49/13102.md?p=20) under [section 31144](/usc/49/31144.md);
      - (v) the accessibility requirements established by the [Secretary](/usc/49/13102.md?p=20) under [subpart H of part 37 of title 49, Code of Federal Regulations](/cfr/49/part37-subpartH.md) (or successor regulations), for [transportation](/usc/49/13102.md?p=23) provided by an [over-the-road bus](/usc/49/13102.md?p=27); and
      - (vi) the minimum financial responsibility requirements established by the [Secretary](/usc/49/13102.md?p=20) under sections [13906](/usc/49/13906.md), [31138](/usc/49/31138.md), and [31139](/usc/49/31139.md);
    - (B) has been issued a USDOT number under [section 31134](/usc/49/31134.md);
    - (C) has disclosed any relationship involving common ownership, common management, common [control](/usc/49/13102.md?p=5), or common familial relationship between that [person](/usc/49/13102.md?p=18) and any other [motor carrier](#g), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2), or any other applicant for [motor carrier](#g), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2) registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and
    - (D) after the [Secretary](/usc/49/13102.md?p=20) establishes a written proficiency examination pursuant to section 32101(b) of the Commercial [Motor Vehicle](/usc/49/13102.md?p=16) Safety Enhancement Act of 2012, has passed the written proficiency examination.
  - (2) **Additional registration requirements for household goods motor carriers.—** In addition to meeting the requirements of [paragraph (1)](#a-1), the [Secretary](/usc/49/13102.md?p=20) may register a [person](/usc/49/13102.md?p=18) to provide [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) as a [household goods motor carrier](/usc/49/13102.md?p=12-A) only after that [person](/usc/49/13102.md?p=18)—
    - (A) provides evidence of participation in an arbitration program and provides a copy of the notice of the arbitration program as required by [section 14708(b)(2)](/usc/49/14708.md?p=b-2);
    - (B) identifies its tariff and provides a copy of the notice of the availability of that tariff for inspection as required by [section 13702(c)](/usc/49/13702.md?p=c); and
    - (C) demonstrates, before being registered, through successful completion of a proficiency examination established by the [Secretary](/usc/49/13102.md?p=20), knowledge and intent to comply with applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limitations of liability for loss and damage.
  - (3) **Consideration of evidence; findings.—** The [Secretary](/usc/49/13102.md?p=20) shall consider, and to the extent applicable, make findings on any evidence demonstrating that the registrant is unable to comply with any applicable requirement of [paragraph (1)](#a-1) or, in the case of a registrant to which [paragraph (2)](#a-2) applies, paragraph [(1)](#a-1) or [(2)](#a-2).
  - (4) **Withholding.—** If the [Secretary](/usc/49/13102.md?p=20) determines that a registrant under this section does not meet, or is not able to meet, any requirement of [paragraph (1)](#a-1) or, in the case of a registrant to which [paragraph (2)](#a-2) applies, paragraph [(1)](#a-1) or [(2)](#a-2), the [Secretary](/usc/49/13102.md?p=20) shall withhold registration.
  - (5) **Limitation on complaints.—** The [Secretary](/usc/49/13102.md?p=20) may hear a complaint from any [person](/usc/49/13102.md?p=18) concerning a registration under this subsection only on the ground that the registrant fails or will fail to comply with this part, the applicable regulations of the [Secretary](/usc/49/13102.md?p=20) and the [Board](/usc/49/13102.md?p=1) (including the accessibility requirements established by the [Secretary](/usc/49/13102.md?p=20) under [subpart H of part 37 of title 49, Code of Federal Regulations](/cfr/49/part37-subpartH.md), or such successor regulations to those accessibility requirements as the [Secretary](/usc/49/13102.md?p=20) may issue, for [transportation](/usc/49/13102.md?p=23) provided by an [over-the-road bus](/usc/49/13102.md?p=27)), the safety regulations of the [Secretary](/usc/49/13102.md?p=20), or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection. In the case of a registration for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) as a [household goods motor carrier](/usc/49/13102.md?p=12-A), the [Secretary](/usc/49/13102.md?p=20) may also hear a complaint on the ground that the registrant fails or will fail to comply with the requirements of paragraph (2) of this subsection.
  - (6) **Separate registration required.—** A [motor carrier](#g) may not [broker](/usc/49/13102.md?p=2) [transportation](/usc/49/13102.md?p=23) services unless the [motor carrier](#g) has registered as a [broker](/usc/49/13102.md?p=2) under this chapter.
- (b) **Motor Carriers of Passengers.—**
  - (1) **Registration of private recipients of governmental assistance.—** The [Secretary](/usc/49/13102.md?p=20) shall register under [subsection (a)(1)](#a-1) a private recipient of governmental assistance to provide special or charter [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) as a [motor carrier](#g) of passengers if the [Secretary](/usc/49/13102.md?p=20) finds that the recipient meets the requirements of [subsection (a)(1)](#a-1), unless the [Secretary](/usc/49/13102.md?p=20) finds, on the basis of evidence presented by any [person](/usc/49/13102.md?p=18) objecting to the registration, that the [transportation](/usc/49/13102.md?p=23) to be provided pursuant to the registration is not in the public interest.
  - (2) **Registration of public recipients of governmental assistance.—**
    - (A) **Charter transportation.—** The [Secretary](/usc/49/13102.md?p=20) shall register under [subsection (a)(1)](#a-1) a [public recipient of governmental assistance](#b-8-A) to provide special or charter [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) as a [motor carrier](#g) of passengers if the [Secretary](/usc/49/13102.md?p=20) finds that—
      - (i) the recipient meets the requirements of [subsection (a)(1)](#a-1); and
      - (ii)
        - (I) no [motor carrier](#g) of passengers (other than a [motor carrier](#g) of passengers which is a [public recipient of governmental assistance](#b-8-A)) is providing, or is willing to provide, the [transportation](/usc/49/13102.md?p=23); or
        - (II) the [transportation](/usc/49/13102.md?p=23) is to be provided entirely in the area in which the public recipient provides regularly scheduled mass [transportation](/usc/49/13102.md?p=23) services.
    - (B) **Regular-route transportation.—** The [Secretary](/usc/49/13102.md?p=20) shall register under [subsection (a)(1)](#a-1) a [public recipient of governmental assistance](#b-8-A) to provide regular-route [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) as a [motor carrier](#g) of passengers if the [Secretary](/usc/49/13102.md?p=20) finds that the recipient meets the requirements of [subsection (a)(1)](#a-1), unless the [Secretary](/usc/49/13102.md?p=20) finds, on the basis of evidence presented by any [person](/usc/49/13102.md?p=18) objecting to the registration, that the [transportation](/usc/49/13102.md?p=23) to be provided pursuant to the registration is not in the public interest.
    - (C) **Treatment of certain public recipients.—** Any [public recipient of governmental assistance](#b-8-A) which is providing or seeking to provide [transportation](/usc/49/13102.md?p=23) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall, for purposes of this part, be treated as a [person](/usc/49/13102.md?p=18) which is providing or seeking to provide [transportation](/usc/49/13102.md?p=23) of passengers subject to such jurisdiction.
  - (3) **Intrastate transportation by interstate carriers.—** A [motor carrier](#g) of passengers that is registered by the [Secretary](/usc/49/13102.md?p=20) under [subsection (a)](#a) is authorized to provide regular-route [transportation](/usc/49/13102.md?p=23) entirely in one [State](/usc/49/13102.md?p=21) as a [motor carrier](#g) of passengers if such intrastate [transportation](/usc/49/13102.md?p=23) is to be provided on a route over which the [carrier](/usc/49/13102.md?p=3) provides interstate [transportation](/usc/49/13102.md?p=23) of passengers.
  - (4) **Preemption of state regulation regarding certain service.—** No [State](/usc/49/13102.md?p=21) or political subdivision thereof and no interstate [agency](/usc/49/114.md?p=n-2-A-i) or other political [agency](/usc/49/114.md?p=n-2-A-i) of 2 or more [States](/usc/49/13102.md?p=21) shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law relating to the provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had or will have a prior or subsequent movement by bus in intrastate commerce and, if a city within the commercial zone, is served by a [motor carrier](#g) of passengers providing regular-route [transportation](/usc/49/13102.md?p=23) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md).
  - (5) **Jurisdiction over certain intrastate transportation.—** Subject to [section 14501(a)](/usc/49/14501.md?p=a), any intrastate [transportation](/usc/49/13102.md?p=23) authorized by this subsection shall be treated as [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) until such time as the [carrier](/usc/49/13102.md?p=3) takes such action as is necessary to establish under the laws of such [State](/usc/49/13102.md?p=21) rates, rules, and practices applicable to such [transportation](/usc/49/13102.md?p=23), but in no case later than the 30th day following the date on which the [motor carrier](#g) of passengers first begins providing [transportation](/usc/49/13102.md?p=23) entirely in one [State](/usc/49/13102.md?p=21) under this paragraph.
  - (6) **Special operations.—** This subsection shall not apply to any regular-route [transportation](/usc/49/13102.md?p=23) of passengers provided entirely in one [State](/usc/49/13102.md?p=21) which is in the nature of a special operation.
  - (7) **Suspension or revocation.—** Intrastate [transportation](/usc/49/13102.md?p=23) authorized under this subsection may be suspended or revoked by the [Secretary](/usc/49/13102.md?p=20) under [section 13905 of this title](/usc/49/13905.md) at any time.
  - (8) **Definitions.—** In this subsection, the following definitions apply:
    - (A) **Public recipient of governmental assistance.—** The term “public recipient of governmental assistance” means—
      - (i) any [State](/usc/49/13102.md?p=21),
      - (ii) any municipality or other political subdivision of a [State](/usc/49/13102.md?p=21),
      - (iii) any public [agency](/usc/49/114.md?p=n-2-A-i) or instrumentality of one or more [States](/usc/49/13102.md?p=21) and municipalities and political subdivisions of a [State](/usc/49/13102.md?p=21),
      - (iv) any Indian tribe, and
      - (v) any corporation, [board](/usc/49/13102.md?p=1), or other [person](/usc/49/13102.md?p=18) owned or controlled by any entity described in clause [(i)](#b-8-A-i), [(ii)](#b-8-A-ii), [(iii)](#b-8-A-iii), or [(iv)](#b-8-A-iv),

      which before, on, or after January 1, 1996, received governmental assistance for the purchase or operation of any bus.

    - (B) **Private recipient of government assistance.—** The term “private recipient of government assistance” means any [person](/usc/49/13102.md?p=18) (other than a [person](/usc/49/13102.md?p=18) described in [subparagraph (A)](#b-8-A)) who before, on, or after January 1, 1996, received governmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus.
- (c) **Restrictions on Motor Carriers Domiciled in or Owned or Controlled by Nationals of a Contiguous Foreign Country.—**
  - (1) **Prevention of discriminatory practices.—** If the President, or the delegate thereof, determines that an act, policy, or practice of a foreign country contiguous to the [United States](/usc/49/13102.md?p=24), or any political subdivision or any instrumentality of any such country is unreasonable or discriminatory and burdens or restricts [United States](/usc/49/13102.md?p=24) [transportation](/usc/49/13102.md?p=23) companies providing, or seeking to provide, [motor carrier](#g) [transportation](/usc/49/13102.md?p=23) to, from, or within such foreign country, the President or such delegate may—
    - (A) seek elimination of such practices through consultations; or
    - (B) notwithstanding any other provision of law, suspend, modify, amend, condition, or restrict operations, including geographical restriction of operations, in the [United States](/usc/49/13102.md?p=24) by [motor carriers](#g) of property or passengers domiciled in such foreign country or owned or controlled by [persons](/usc/49/13102.md?p=18) of such foreign country.
  - (2) **Equalization of treatment.—** Any action taken under [paragraph (1)(A)](#c-1-A) to eliminate an act, policy, or practice shall be so devised so as to equal to the extent possible the burdens or restrictions imposed by such foreign country on [United States](/usc/49/13102.md?p=24) [transportation](/usc/49/13102.md?p=23) companies.
  - (3) **Removal or modification.—** The President, or the delegate thereof, may remove or modify in whole or in part any action taken under [paragraph (1)(A)](#c-1-A) if the President or such delegate determines that such removal or modification is consistent with the obligations of the [United States](/usc/49/13102.md?p=24) under a trade agreement or with [United States](/usc/49/13102.md?p=24) [transportation](/usc/49/13102.md?p=23) policy.
  - (4) **Protection of existing operations.—** Unless and until the President, or the delegate thereof, makes a determination under paragraph [(1)](#c-1) or [(3)](#c-3), nothing in this subsection shall affect—
    - (A) operations of [motor carriers](#g) of property or passengers domiciled in any contiguous foreign country or owned or controlled by [persons](/usc/49/13102.md?p=18) of any contiguous foreign country permitted in the commercial zones along the [United States](/usc/49/13102.md?p=24)-Mexico border as such zones were defined on December 31, 1995; or
    - (B) any existing restrictions on operations of [motor carriers](#g) of property or passengers domiciled in any contiguous foreign country or owned or controlled by [persons](/usc/49/13102.md?p=18) of any contiguous foreign country or any modifications thereof pursuant to section 6 of the Bus Regulatory Reform Act of 1982.
  - (5) **Publication; comment.—** Unless the President, or the delegate thereof, determines that expeditious action is required, the President shall publish in the Federal Register any determination under paragraph [(1)](#c-1) or [(3)](#c-3), together with a description of the facts on which such a determination is based and any [proposed action](/usc/49/47171.md?p=q-4-D) to be taken pursuant to paragraph [(1)(B)](#c-1-B) or [(3)](#c-3), and provide an opportunity for public comment.
  - (6) **Delegation to secretary.—** The President may delegate any or all authority under this subsection to the [Secretary](/usc/49/13102.md?p=20), who shall consult with other [agencies](/usc/49/114.md?p=n-2-A-i) as appropriate. In accordance with the directions of the President, the [Secretary](/usc/49/13102.md?p=20) may issue regulations to enforce this subsection.
  - (7) **Civil actions.—** Either the [Secretary](/usc/49/13102.md?p=20) or the Attorney General may bring a civil action in an appropriate district court of the [United States](/usc/49/13102.md?p=24) to enforce this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief.
  - (8) **Limitation on statutory construction.—** This subsection shall not be construed as affecting the requirement for all [foreign motor carriers](/usc/49/13102.md?p=6) and [foreign motor private carriers](/usc/49/13102.md?p=7) operating in the [United States](/usc/49/13102.md?p=24) to comply with all applicable laws and regulations pertaining to fitness, safety of operations, financial responsibility, and taxes imposed by section 4481 of the Internal Revenue Code of 1986.
- (d) **Transition Rule.—**
  - (1) **In general.—** Pending the implementation of the rulemaking required by [section 13908](/usc/49/13908.md), the [Secretary](/usc/49/13102.md?p=20) may register a [person](/usc/49/13102.md?p=18) under this section—
    - (A) as a [motor common carrier](#d-2) if such [person](/usc/49/13102.md?p=18) would have been issued a certificate to provide [transportation](/usc/49/13102.md?p=23) as a [motor common carrier](#d-2) under this subtitle on December 31, 1995; and
    - (B) as a [motor contract carrier](#d-2) if such [person](/usc/49/13102.md?p=18) would have been issued a permit to provide [transportation](/usc/49/13102.md?p=23) as a [motor contract carrier](#d-2) under this subtitle on such day.
  - (2) **Definitions.—** In this subsection, the terms “motor common carrier” and “motor contract carrier” have the meaning such terms had under [section 10102](/usc/49/10102.md) as such section was in effect on December 31, 1995.
  - (3) **Termination.—** This subsection shall cease to be in effect on the [transition termination date](#f-3).
- (e) **Penalties for Failure To Comply With Registration Requirements.—** In addition to other penalties available under law, [motor carriers](#g) that fail to register their operations as required by this section or that operate beyond the scope of their registrations may be subject to the following penalties:
  - (1) **Out-of-service orders.—** If, upon inspection or investigation, the [Secretary](/usc/49/13102.md?p=20) determines that a [motor carrier](#g) providing [transportation](/usc/49/13102.md?p=23) requiring registration under this section is operating without a registration or beyond the scope of its registration, the [Secretary](/usc/49/13102.md?p=20) may order the [motor carrier](#g) operations out-of-service. Subsequent to the issuance of the out-of-service order, the [Secretary](/usc/49/13102.md?p=20) shall provide an opportunity for review in accordance with [section 554 of title 5](/usc/5/554.md), United States Code; except that such review shall occur not later than 10 days after issuance of such order.
  - (2) **Permission for operations.—** A [person](/usc/49/13102.md?p=18) domiciled in a country contiguous to the [United States](/usc/49/13102.md?p=24) with respect to which an action under subsection [(c)(1)(A)](#c-1-A) or [(c)(1)(B)](#c-1-B) is in effect and providing [transportation](/usc/49/13102.md?p=23) for which registration is required under this section shall maintain evidence of such registration in the [motor vehicle](/usc/49/13102.md?p=16) when the [person](/usc/49/13102.md?p=18) is providing the [transportation](/usc/49/13102.md?p=23). The [Secretary](/usc/49/13102.md?p=20) shall not permit the operation in interstate commerce in the [United States](/usc/49/13102.md?p=24) of any [motor vehicle](/usc/49/13102.md?p=16) in which there is not a copy of the registration issued pursuant to this section.
- (f) **Modification of Carrier Registration.—**
  - (1) **In general.—** On and after the [transition termination date](#f-3), the [Secretary](/usc/49/13102.md?p=20)—
    - (A) may not register a [motor carrier](#g) under this section as a motor common carrier or a motor contract carrier;
    - (B) shall register applicants under this section as [motor carriers](#g); and
    - (C) shall issue any [motor carrier](#g) registered under this section after that date a [motor carrier](#g) certificate of registration that specifies whether the holder of the certificate may provide [transportation](/usc/49/13102.md?p=23) of [persons](/usc/49/13102.md?p=18), [household goods](/usc/49/13102.md?p=10), other property, or any combination thereof.
  - (2) **Pre-existing certificates and permits.—** The [Secretary](/usc/49/13102.md?p=20) shall redesignate any [motor carrier](#g) certificate or permit issued before the [transition termination date](#f-3) as a [motor carrier](#g) certificate of registration. On and after the [transition termination date](#f-3), any [person](/usc/49/13102.md?p=18) holding a [motor carrier](#g) certificate of registration redesignated under this paragraph may provide both [contract carriage](/usc/49/13102.md?p=4) (as defined in [section 13102(4)(B)](/usc/49/13102.md?p=4-B)) and [transportation](/usc/49/13102.md?p=23) under terms and conditions meeting the requirements of [section 13710(a)(1)](/usc/49/13710.md?p=a-1). The [Secretary](/usc/49/13102.md?p=20) may not, pursuant to any regulation or form issued before or after the [transition termination date](#f-3), make any distinction among holders of [motor carrier](#g) certificates of registration on the basis of whether the holder would have been classified as a common [carrier](/usc/49/13102.md?p=3) or as a contract [carrier](/usc/49/13102.md?p=3) under—
    - (A) [subsection (d)](#d) of this section, as that section was in effect before the [transition termination date](#f-3); or
    - (B) any other provision of this title that was in effect before the [transition termination date](#f-3).
  - (3) **Transition termination date defined.—** In this section, the term “transition termination date” means the first day of January occurring more than 12 months after the date of enactment of the Unified [Carrier](/usc/49/13102.md?p=3) Registration Act of 2005.
- (g) **Motor Carrier Defined.—** In this section and sections [13905](/usc/49/13905.md) and [13906](/usc/49/13906.md), the term “motor carrier” includes [foreign motor private carriers](/usc/49/13102.md?p=7).
- (h) **Update of Registration.—**
  - (1) **In general.—** The [Secretary](/usc/49/13102.md?p=20) shall require a registrant to update its registration under this section not later than 30 days after a change in the registrant’s address, other contact information, officers, process agent, or other essential information, as determined by the [Secretary](/usc/49/13102.md?p=20).
  - (2) **Motor carriers of passengers.—** In addition to the requirements of [paragraph (1)](#h-1), the [Secretary](/usc/49/13102.md?p=20) shall require a [motor carrier](#g) of passengers to update its registration information, including numbers of vehicles, annual mileage, and individuals responsible for compliance with Federal safety regulations quarterly for the first 2 years after being issued a registration under this section.
- (i) **Registration as Freight Forwarder or Broker Required.—** A [motor carrier](#g) registered under this chapter—
  - (1) may only provide [transportation](/usc/49/13102.md?p=23) of property with—
    - (A) self-propelled [motor vehicles](/usc/49/13102.md?p=16) owned or leased by the [motor carrier](#g); or
    - (B) interchanges under regulations issued by the [Secretary](/usc/49/13102.md?p=20) if the originating [carrier](/usc/49/13102.md?p=3)—
      - (i) physically transports the cargo at some point; and
      - (ii) retains liability for the cargo and for payment of interchanged [carriers](/usc/49/13102.md?p=3); and
  - (2) may not arrange [transportation](/usc/49/13102.md?p=23) except as described in [paragraph (1)](#i-1) unless the [motor carrier](#g) has obtained a separate registration as a [freight forwarder](/usc/49/13102.md?p=8) or [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) under section [13903](/usc/49/13903.md) or [13904](/usc/49/13904.md), as applicable.
- (j) **Mexico-Domiciled Motor Carriers.—** Notwithstanding any other provision of this section, upon an order in accordance with section 324(a) of the [United States](/usc/49/13102.md?p=24)-Mexico-Canada Agreement Implementation Act, the [Secretary](/usc/49/13102.md?p=20) shall carry out the relief specified by denying or imposing limitations on a request for registration or capping the number of requests for registration by Mexico-domiciled [motor carriers](#g) of cargo to operate beyond the municipalities along the [United States](/usc/49/13102.md?p=24)-Mexico international border and the commercial zones of those municipalities as directed.

# §13903. Registration of freight forwarders

- (a) **In General.—** The [Secretary](/usc/49/13102.md?p=20) shall register a [person](/usc/49/13102.md?p=18) to provide service subject to jurisdiction under subchapter III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) as a [freight forwarder](/usc/49/13102.md?p=8) if the [Secretary](/usc/49/13102.md?p=20) determines that the [person](/usc/49/13102.md?p=18)—
  - (1) has sufficient experience to qualify the [person](/usc/49/13102.md?p=18) to act as a [freight forwarder](/usc/49/13102.md?p=8); and
  - (2) is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the [Secretary](/usc/49/13102.md?p=20).
- (b) **Duration.—** A registration issued under [subsection (a)](#a) shall only remain in effect while the [freight forwarder](/usc/49/13102.md?p=8) is in compliance with [section 13906(c)](/usc/49/13906.md?p=c).
- (c) **Experience or Training Requirement.—** Each [freight forwarder](/usc/49/13102.md?p=8) shall employ, as an officer, an individual who—
  - (1) has at least 3 years of relevant experience; or
  - (2) provides the [Secretary](/usc/49/13102.md?p=20) with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
- (d) **Registration as Motor Carrier Required.—** A [freight forwarder](/usc/49/13102.md?p=8) may not provide [transportation](/usc/49/13102.md?p=23) as a [motor carrier](/usc/49/13102.md?p=14) unless the [freight forwarder](/usc/49/13102.md?p=8) has registered separately under this chapter to provide [transportation](/usc/49/13102.md?p=23) as a [motor carrier](/usc/49/13102.md?p=14).
- (e) **Update of Registration.—** The [Secretary](/usc/49/13102.md?p=20) shall require a [freight forwarder](/usc/49/13102.md?p=8) to update its registration under this section not later than 30 days after a change in the [freight forwarder](/usc/49/13102.md?p=8)’s address, other contact information, officers, process agent, or other essential information, as determined by the [Secretary](/usc/49/13102.md?p=20).

# §13904. Registration of brokers

- (a) **In General.—** The [Secretary](/usc/49/13102.md?p=20) shall register, subject to [section 13906(b)](/usc/49/13906.md?p=b), a [person](/usc/49/13102.md?p=18) to be a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) of property subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md), if the [Secretary](/usc/49/13102.md?p=20) determines that the [person](/usc/49/13102.md?p=18)—
  - (1) has sufficient experience to qualify the [person](/usc/49/13102.md?p=18) to act as a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23); and
  - (2) is fit, willing, and able to be a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) and to comply with this part and applicable regulations of the [Secretary](/usc/49/13102.md?p=20).
- (b) **Duration.—** A registration issued under [subsection (a)](#a) shall only remain in effect while the [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) is in compliance with [section 13906(b)](/usc/49/13906.md?p=b).
- (c) **Experience or Training Requirements.—** Each [broker](/usc/49/13102.md?p=2) shall employ, as an officer, an individual who—
  - (1) has at least 3 years of relevant experience; or
  - (2) provides the [Secretary](/usc/49/13102.md?p=20) with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
- (d) **Registration as Motor Carrier Required.—**
  - (1) **In general.—** A [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) may not provide [transportation](/usc/49/13102.md?p=23) as a [motor carrier](/usc/49/13102.md?p=14) unless the [broker](/usc/49/13102.md?p=2) has registered separately under this chapter to provide [transportation](/usc/49/13102.md?p=23) as a [motor carrier](/usc/49/13102.md?p=14).
  - (2) **Limitation.—** This subsection does not apply to a [motor carrier](/usc/49/13102.md?p=14) registered under this chapter or to an employee or agent of the [motor carrier](/usc/49/13102.md?p=14) to the extent the [transportation](/usc/49/13102.md?p=23) is to be provided entirely by the [motor carrier](/usc/49/13102.md?p=14), with other registered [motor carriers](/usc/49/13102.md?p=14), or with rail or [water carriers](/usc/49/13102.md?p=26).
- (e) **Regulation to Protect Motor Carriers and Shippers.—** Regulations of the [Secretary](/usc/49/13102.md?p=20) applicable to [brokers](/usc/49/13102.md?p=2) registered under this section shall provide for the protection of [motor carriers](/usc/49/13102.md?p=14) and shippers by [motor vehicle](/usc/49/13102.md?p=16).
- (f) **Bond and Insurance.—** The [Secretary](/usc/49/13102.md?p=20) may impose on [brokers](/usc/49/13102.md?p=2) for [motor carriers](/usc/49/13102.md?p=14) of passengers such requirements for bonds or insurance or both as the [Secretary](/usc/49/13102.md?p=20) determines are needed to protect passengers and [carriers](/usc/49/13102.md?p=3) dealing with such [brokers](/usc/49/13102.md?p=2).
- (g) **Update of Registration.—** The [Secretary](/usc/49/13102.md?p=20) shall require a [broker](/usc/49/13102.md?p=2) to update its registration under this section not later than 30 days after a change in the [broker](/usc/49/13102.md?p=2)’s address, other contact information, officers, process agent, or other essential information, as determined by the [Secretary](/usc/49/13102.md?p=20).

# §13905. Effective periods of registration

- (a) **Person Holding ICC Authority.—** Any [person](/usc/49/13102.md?p=18) having authority to provide [transportation](/usc/49/13102.md?p=23) or service as a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2) under this title, as in effect on December 31, 1995, shall be deemed, for purposes of this part, to be registered to provide such [transportation](/usc/49/13102.md?p=23) or service under this part.
- (b) **Person Registered With Secretary.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#b-2), any [person](/usc/49/13102.md?p=18) having registered with the [Secretary](/usc/49/13102.md?p=20) to provide [transportation](/usc/49/13102.md?p=23) or service as a [motor carrier](/usc/49/13102.md?p=14) or [motor private carrier](/usc/49/13102.md?p=15) under this title, as in effect on January 1, 2005, but not having registered pursuant to [section 13902(a)](/usc/49/13902.md?p=a), shall be treated, for purposes of this part, to be registered to provide such [transportation](/usc/49/13102.md?p=23) or service for purposes of sections [13908](/usc/49/13908.md) and [14504a](/usc/49/14504a.md).
  - (2) **Exclusively intrastate operators.—** [Paragraph (1)](#b-1) does not apply to a [motor carrier](/usc/49/13102.md?p=14) or [motor private carrier](/usc/49/13102.md?p=15) (including a transporter of waste or recyclable materials) engaged exclusively in intrastate [transportation](/usc/49/13102.md?p=23) operations.
- (c) **Effective Period.—**
  - (1) **In general.—** Except as otherwise provided in this part, each registration issued under section [13902](/usc/49/13902.md), [13903](/usc/49/13903.md), or [13904](/usc/49/13904.md)—
    - (A) shall be effective beginning on the date specified by the [Secretary](/usc/49/13102.md?p=20); and
    - (B) shall remain in effect for such period as the [Secretary](/usc/49/13102.md?p=20) determines appropriate by regulation.
  - (2) **Reissuance of registration.—**
    - (A) **Requirement.—** Not later than 4 years after the date of enactment of the Commercial [Motor Vehicle](/usc/49/13102.md?p=16) Safety Enhancement Act of 2012, the [Secretary](/usc/49/13102.md?p=20) shall require a [freight forwarder](/usc/49/13102.md?p=8) or [broker](/usc/49/13102.md?p=2) to renew its registration issued under this chapter.
    - (B) **Effective period.—** Each registration renewal under [subparagraph (A)](#c-2-A)—
      - (i) shall expire not later than 5 years after the date of such renewal; and
      - (ii) may be further renewed as provided under this chapter.
- (d) **Suspension, Amendments, and Revocations.—**
  - (1) **Applications.—** On application of the registrant, the [Secretary](/usc/49/13102.md?p=20) may amend or revoke a registration.
  - (2) **Complaints and actions on secretary’s own initiative.—** On complaint or on the [Secretary](/usc/49/13102.md?p=20)’s own initiative and after notice and an opportunity for a proceeding, the [Secretary](/usc/49/13102.md?p=20) may—
    - (A) suspend, amend, or revoke any part of the registration of a [motor carrier](/usc/49/13102.md?p=14), [foreign motor carrier](/usc/49/13102.md?p=6), [foreign motor private carrier](/usc/49/13102.md?p=7), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) for willful failure to comply with—
      - (i) this part;
      - (ii) an applicable regulation or order of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), including the accessibility requirements established by the [Secretary](/usc/49/13102.md?p=20) under [subpart H of part 37 of title 49, Code of Federal Regulations](/cfr/49/part37-subpartH.md) (or successor regulations), for [transportation](/usc/49/13102.md?p=23) provided by an [over-the-road bus](/usc/49/13102.md?p=27); or
      - (iii) a condition of its registration;
    - (B) withhold, suspend, amend, or revoke any part of the registration of a [motor carrier](/usc/49/13102.md?p=14), [foreign motor carrier](/usc/49/13102.md?p=6), [foreign motor private carrier](/usc/49/13102.md?p=7), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) for failure—
      - (i) to pay a civil penalty imposed under chapter [5](/usc/49/chstI-ch5.md), [51](/usc/49/chstIII-ch51.md), [149](/usc/49/chstIV-ptB-ch149.md), or [311](/usc/49/chstVI-ptB-ch311.md);
      - (ii) to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the [Secretary](/usc/49/13102.md?p=20) for the payment of such penalty; or
      - (iii) for failure[^1] to obey a subpoena issued by the [Secretary](/usc/49/13102.md?p=20);
    - (C) withhold, suspend, amend, or revoke any part of a registration of a [motor carrier](/usc/49/13102.md?p=14), [foreign motor carrier](/usc/49/13102.md?p=6), [foreign motor private carrier](/usc/49/13102.md?p=7), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) following a determination by the [Secretary](/usc/49/13102.md?p=20) that the [motor carrier](/usc/49/13102.md?p=14), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with—
      - (i) this part;
      - (ii) an applicable regulation or order of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1); or
      - (iii) a condition of its registration; or
    - (D) withhold, suspend, amend, or revoke any part of a registration of a [motor carrier](/usc/49/13102.md?p=14), [foreign motor carrier](/usc/49/13102.md?p=6), [foreign motor private carrier](/usc/49/13102.md?p=7), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) if the [Secretary](/usc/49/13102.md?p=20) finds that the [motor carrier](/usc/49/13102.md?p=14), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) does not disclose any relationship through common ownership, common management, common [control](/usc/49/13102.md?p=5), or common familial relationship to any other [motor carrier](/usc/49/13102.md?p=14), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8), or any other applicant for [motor carrier](/usc/49/13102.md?p=14), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) registration that the [Secretary](/usc/49/13102.md?p=20) determines is or was unwilling or unable to comply with the relevant requirements listed in section [13902](/usc/49/13902.md), [13903](/usc/49/13903.md), or [13904](/usc/49/13904.md).
  - (3) **Limitation.—** [Paragraph (2)(B)](#d-2-B) shall not apply to a [person](/usc/49/13102.md?p=18) who is unable to pay a civil penalty because the [person](/usc/49/13102.md?p=18) is a debtor in a case under [chapter 11](/usc/11/ch11.md) of title 11.
  - (4) **Regulations.—** Not later than 12 months after the date of the enactment of this paragraph, the [Secretary](/usc/49/13102.md?p=20), after notice and opportunity for public comment, shall issue regulations to provide for the suspension, amendment, or revocation of a registration under this part for failure to pay a civil penalty as provided in [paragraph (2)(B)](#d-2-B).
- (e) **Procedure.—** Except on application of the registrant, or if the [Secretary](/usc/49/13102.md?p=20) determines that the registrant failed to disclose a material fact in an application for registration in accordance with [subsection (d)(2)(C)](#d-2-C), the [Secretary](/usc/49/13102.md?p=20) may revoke a registration of a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or [broker](/usc/49/13102.md?p=2), only after—
  - (1) the [Secretary](/usc/49/13102.md?p=20) has issued an order to the registrant under [section 14701](/usc/49/14701.md) requiring compliance with this part, a regulation of the [Secretary](/usc/49/13102.md?p=20), or a condition of the registration; and
  - (2) the registrant willfully does not comply with the order for a period of 30 days.
- (f) **Expedited Procedure.—**
  - (1) **Protection of safety.—** Notwithstanding subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5, the [Secretary](/usc/49/13102.md?p=20)—
    - (A) may suspend the registration of a [motor carrier](/usc/49/13102.md?p=14), a [freight forwarder](/usc/49/13102.md?p=8), or a [broker](/usc/49/13102.md?p=2) for failure to comply with requirements of the [Secretary](/usc/49/13102.md?p=20) pursuant to section [13904(e)](/usc/49/13904.md?p=e) or [13906](/usc/49/13906.md) or an order or regulation of the [Secretary](/usc/49/13102.md?p=20) prescribed under those sections; and
    - (B) shall revoke the registration of a [motor carrier](/usc/49/13102.md?p=14) that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of [section 31144](/usc/49/31144.md).
  - (2) **Imminent hazard to public health.—** Notwithstanding subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5, the [Secretary](/usc/49/13102.md?p=20) shall revoke the registration of a [motor carrier](/usc/49/13102.md?p=14) if the [Secretary](/usc/49/13102.md?p=20) finds that the [carrier](/usc/49/13102.md?p=3) is or was conducting unsafe operations that are or were an imminent hazard to public health or property.
  - (3) **Notice; period of suspension.—** The [Secretary](/usc/49/13102.md?p=20) may suspend or revoke under this subsection the registration only after giving notice of the suspension or revocation to the registrant. A suspension remains in effect until the registrant complies with the applicable sections or, in the case of a suspension under [paragraph (2)](#f-2), until the [Secretary](/usc/49/13102.md?p=20) revokes the suspension.
- (g) **Mexico-Domiciled Motor Carriers.—** Notwithstanding any other provision of this section, upon an order in accordance with section 324(a) of the [United States](/usc/49/13102.md?p=24)-Mexico-Canada Agreement Implementation Act, the [Secretary](/usc/49/13102.md?p=20) shall carry out the relief specified by revoking or imposing limitations on existing registrations of Mexico-domiciled [motor carriers](/usc/49/13102.md?p=14) of cargo to operate beyond the municipalities along the [United States](/usc/49/13102.md?p=24)-Mexico international border and the commercial zones of those municipalities as directed.

# §13906. Security of motor carriers, motor private carriers, brokers, and freight forwarders

- (a) **Motor Carrier Requirements.—**
  - (1) **Liability insurance requirement.—** The [Secretary](/usc/49/13102.md?p=20) may register a [motor carrier](/usc/49/13102.md?p=14) under [section 13902](/usc/49/13902.md) only if the registrant files with the [Secretary](/usc/49/13102.md?p=20) a bond, insurance policy, or other type of security approved by the [Secretary](/usc/49/13102.md?p=20), in an amount not less than such amount as the [Secretary](/usc/49/13102.md?p=20) prescribes pursuant to, or as is required by, sections [31138](/usc/49/31138.md) and [31139](/usc/49/31139.md), and the laws of the [State](/usc/49/13102.md?p=21) or [States](/usc/49/13102.md?p=21) in which the registrant is operating, to the extent applicable. The security must be sufficient to pay, not more than the amount of the security, for each final judgment against the registrant for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of [motor vehicles](/usc/49/13102.md?p=16), or for loss or damage to property (except property referred to in [paragraph (3)](#a-3)[^1] of this subsection), or both. A registration remains in effect only as long as the registrant continues to satisfy the security requirements of this paragraph.
  - (2) **Security requirement.—** Not later than 120 days after the date of enactment of the Unified [Carrier](/usc/49/13102.md?p=3) Registration Act of 2005, any [person](/usc/49/13102.md?p=18), other than a [motor private carrier](/usc/49/13102.md?p=15), registered with the [Secretary](/usc/49/13102.md?p=20) to provide [transportation](/usc/49/13102.md?p=23) or service as a [motor carrier](/usc/49/13102.md?p=14) under [section 13905(b)](/usc/49/13905.md?p=b) shall file with the [Secretary](/usc/49/13102.md?p=20) a bond, insurance policy, or other type of security approved by the [Secretary](/usc/49/13102.md?p=20), in an amount not less than required by sections [31138](/usc/49/31138.md) and [31139](/usc/49/31139.md).
  - (3) **Agency requirement.—** A [motor carrier](/usc/49/13102.md?p=14) shall comply with the requirements of sections [13303](/usc/49/13303.md) and [13304](/usc/49/13304.md). To protect the public, the [Secretary](/usc/49/13102.md?p=20) may require any such [motor carrier](/usc/49/13102.md?p=14) to file the type of security that a [motor carrier](/usc/49/13102.md?p=14) is required to file under paragraph (1) of this subsection. This paragraph only applies to a [foreign motor private carrier](/usc/49/13102.md?p=7) and [foreign motor carrier](/usc/49/13102.md?p=6) operating in the [United States](/usc/49/13102.md?p=24) to the extent that such [carrier](/usc/49/13102.md?p=3) is providing [transportation](/usc/49/13102.md?p=23) between places in a foreign country or between a place in one foreign country and a place in another foreign country.
  - (4) **Transportation insurance.—** The [Secretary](/usc/49/13102.md?p=20) may require a registered [motor carrier](/usc/49/13102.md?p=14) to file with the [Secretary](/usc/49/13102.md?p=20) a type of security sufficient to pay a shipper or consignee for damage to property of the shipper or consignee placed in the possession of the [motor carrier](/usc/49/13102.md?p=14) as the result of [transportation](/usc/49/13102.md?p=23) provided under this part. A [carrier](/usc/49/13102.md?p=3) required by law to pay a shipper or consignee for loss, damage, or default for which a connecting [motor carrier](/usc/49/13102.md?p=14) is responsible is subrogated, to the extent of the amount paid, to the rights of the shipper or consignee under any such security.
- (b) **Broker Financial Security Requirements.—**
  - (1) **Requirements.—**
    - (A) **In general.—** The [Secretary](/usc/49/13102.md?p=20) may register a [person](/usc/49/13102.md?p=18) as a [broker](/usc/49/13102.md?p=2) under [section 13904](/usc/49/13904.md) only if the [person](/usc/49/13102.md?p=18) files with the [Secretary](/usc/49/13102.md?p=20) a surety bond, proof of trust fund, or other financial security, or a combination thereof, in a form and amount, and from a provider, determined by the [Secretary](/usc/49/13102.md?p=20) to be adequate to ensure financial responsibility.
    - (B) **Use of a group surety bond, trust fund, or other surety.—** In implementing the standards established by [subparagraph (A)](#b-1-A), the [Secretary](/usc/49/13102.md?p=20) may authorize the use of a group surety bond, trust fund, or other financial security, or a combination thereof, that meets the requirements of this subsection.
    - (C) **Proof of trust or other financial security.—** For purposes of [subparagraph (A)](#b-1-A), a trust fund or other financial security may be acceptable to the [Secretary](/usc/49/13102.md?p=20) only if the trust fund or other financial security consists of assets readily available to pay claims without resort to personal guarantees or collection of pledged accounts receivable.
  - (2) **Scope of financial responsibility.—**
    - (A) **Payment of claims.—** A surety bond, trust fund, or other financial security obtained under [paragraph (1)](#b-1) shall be available to pay any claim against a [broker](/usc/49/13102.md?p=2) arising from its failure to pay freight charges under its contracts, agreements, or arrangements for [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) if—
      - (i) subject to the review by the surety provider, the [broker](/usc/49/13102.md?p=2) consents to the payment;
      - (ii) in any case in which the [broker](/usc/49/13102.md?p=2) does not respond to adequate notice to address the validity of the claim, the surety provider determines that the claim is valid; or
      - (iii) the claim is not resolved within a reasonable period of time following a reasonable attempt by the claimant to resolve the claim under clauses [(i)](#b-2-A-i) and [(ii)](#b-2-A-ii), and the claim is reduced to a judgment against the [broker](/usc/49/13102.md?p=2).
    - (B) **Response of surety providers to claims.—** If a surety provider receives notice of a claim described in [subparagraph (A)](#b-2-A), the surety provider shall—
      - (i) respond to the claim on or before the 30th day following the date on which the notice was received; and
      - (ii) in the case of a denial, set forth in writing for the claimant the grounds for the denial.
    - (C) **Costs and attorney’s fees.—** In any action against a surety provider to recover on a claim described in [subparagraph (A)](#b-2-A), the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees.
  - (3) **Minimum financial security.—** Each [broker](/usc/49/13102.md?p=2) subject to the requirements of this section shall provide financial security of $75,000 for purposes of this subsection, regardless of the number of branch offices or sales agents of the [broker](/usc/49/13102.md?p=2).
  - (4) **Cancellation notice.—** If a financial security required under this subsection is canceled—
    - (A) the holder of the financial security shall provide electronic notification to the [Secretary](/usc/49/13102.md?p=20) of the cancellation not later than 30 days before the effective date of the cancellation; and
    - (B) the [Secretary](/usc/49/13102.md?p=20) shall immediately post such notification on the public Internet Website of the Department of [Transportation](/usc/49/13102.md?p=23).
  - (5) **Suspension.—** The [Secretary](/usc/49/13102.md?p=20) shall immediately suspend the registration of a [broker](/usc/49/13102.md?p=2) issued under this chapter if the available financial security of that [person](/usc/49/13102.md?p=18) falls below the amount required under this subsection.
  - (6) **Payment of claims in cases of financial failure or insolvency.—** If a [broker](/usc/49/13102.md?p=2) registered under this chapter experiences financial failure or insolvency, the surety provider of the [broker](/usc/49/13102.md?p=2) shall—
    - (A) submit a notice to cancel the financial security to the Administrator in accordance with [paragraph (4)](#b-4);
    - (B) publicly advertise for claims for 60 days beginning on the date of publication by the [Secretary](/usc/49/13102.md?p=20) of the notice to cancel the financial security; and
    - (C) pay, not later than 30 days after the expiration of the 60-day period for submission of claims—
      - (i) all uncontested claims received during such period; or
      - (ii) a pro rata share of such claims if the total amount of such claims exceeds the financial security available.
  - (7) **Penalties.—**
    - (A) **Civil actions.—** Either the [Secretary](/usc/49/13102.md?p=20) or the Attorney General of the [United States](/usc/49/13102.md?p=24) may bring a civil action in an appropriate district court of the [United States](/usc/49/13102.md?p=24) to enforce the requirements of this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief.
    - (B) **Civil penalties.—** If the [Secretary](/usc/49/13102.md?p=20) determines, after notice and opportunity for a hearing, that a surety provider of a [broker](/usc/49/13102.md?p=2) registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty in an amount not to exceed $10,000.
    - (C) **Eligibility.—** If the [Secretary](/usc/49/13102.md?p=20) determines, after notice and opportunity for a hearing, that a surety provider of a [broker](/usc/49/13102.md?p=2) registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be ineligible to provider[^2] [broker](/usc/49/13102.md?p=2) financial security for 3 years.
  - (8) **Deduction of costs prohibited.—** The amount of the financial security required under this subsection may not be reduced by deducting attorney’s fees or administrative costs.
- (c) **Freight Forwarder Financial Security Requirements.—**
  - (1) **Requirements.—**
    - (A) **In general.—** The [Secretary](/usc/49/13102.md?p=20) may register a [person](/usc/49/13102.md?p=18) as a [freight forwarder](/usc/49/13102.md?p=8) under [section 13903](/usc/49/13903.md) only if the [person](/usc/49/13102.md?p=18) files with the [Secretary](/usc/49/13102.md?p=20) a surety bond, proof of trust fund, other financial security, or a combination of such instruments, in a form and amount, and from a provider, determined by the [Secretary](/usc/49/13102.md?p=20) to be adequate to ensure financial responsibility.
    - (B) **Use of a group surety bond, trust fund, or other financial security.—** In implementing the standards established under [subparagraph (A)](#c-1-A), the [Secretary](/usc/49/13102.md?p=20) may authorize the use of a group surety bond, trust fund, other financial security, or a combination of such instruments, that meets the requirements of this subsection.
    - (C) **Surety bonds.—** A surety bond obtained under this section may only be obtained from a bonding company that has been approved by the [Secretary](/usc/49/13102.md?p=20) of the Treasury.
    - (D) **Proof of trust or other financial security.—** For purposes of [subparagraph (A)](#c-1-A), a trust fund or other financial security may not be accepted by the [Secretary](/usc/49/13102.md?p=20) unless the trust fund or other financial security consists of assets readily available to pay claims without resort to personal guarantees or collection of pledged accounts receivable.
  - (2) **Scope of financial responsibility.—**
    - (A) **Payment of claims.—** A surety bond, trust fund, or other financial security obtained under [paragraph (1)](#c-1) shall be available to pay any claim against a [freight forwarder](/usc/49/13102.md?p=8) arising from its failure to pay freight charges under its contracts, agreements, or arrangements for [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) if—
      - (i) subject to the review by the surety provider, the [freight forwarder](/usc/49/13102.md?p=8) consents to the payment;
      - (ii) in the case[^3] the [freight forwarder](/usc/49/13102.md?p=8) does not respond to adequate notice to address the validity of the claim, the surety provider determines the claim is valid; or
      - (iii) the claim—
        - (I) is not resolved within a reasonable period of time following a reasonable attempt by the claimant to resolve the claim under clauses [(i)](#c-2-A-i) and [(ii)](#c-2-A-ii); and
        - (II) is reduced to a judgment against the [freight forwarder](/usc/49/13102.md?p=8).
    - (B) **Response of surety providers to claims.—** If a surety provider receives notice of a claim described in [subparagraph (A)](#c-2-A), the surety provider shall—
      - (i) respond to the claim on or before the 30th day following receipt of the notice; and
      - (ii) in the case of a denial, set forth in writing for the claimant the grounds for the denial.
    - (C) **Costs and attorney’s fees.—** In any action against a surety provider to recover on a claim described in [subparagraph (A)](#c-2-A), the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees.
  - (3) **Freight forwarder insurance.—**
    - (A) **In general.—** The [Secretary](/usc/49/13102.md?p=20) may register a [person](/usc/49/13102.md?p=18) as a [freight forwarder](/usc/49/13102.md?p=8) under [section 13903](/usc/49/13903.md) only if the [person](/usc/49/13102.md?p=18) files with the [Secretary](/usc/49/13102.md?p=20) a surety bond, insurance policy, or other type of financial security that meets standards prescribed by the [Secretary](/usc/49/13102.md?p=20).
    - (B) **Liability insurance.—** A financial security filed by a [freight forwarder](/usc/49/13102.md?p=8) under [subparagraph (A)](#c-3-A) shall be sufficient to pay an amount, not to exceed the amount of the financial security, for each final judgment against the [freight forwarder](/usc/49/13102.md?p=8) for bodily injury to, or death of, an individual, or loss of, or damage to, property (other than property referred to in [subparagraph (C)](#c-3-C)), resulting from the negligent operation, maintenance, or use of [motor vehicles](/usc/49/13102.md?p=16) by, or under the direction and [control](/usc/49/13102.md?p=5) of, the [freight forwarder](/usc/49/13102.md?p=8) while providing transfer, collection, or delivery service under this part.
    - (C) **Cargo insurance.—** The [Secretary](/usc/49/13102.md?p=20) may require a registered [freight forwarder](/usc/49/13102.md?p=8) to file with the [Secretary](/usc/49/13102.md?p=20) a surety bond, insurance policy, or other type of financial security approved by the [Secretary](/usc/49/13102.md?p=20), that will pay an amount, not to exceed the amount of the financial security, for loss of, or damage to, property for which the [freight forwarder](/usc/49/13102.md?p=8) provides service.
  - (4) **Minimum financial security.—** Each [freight forwarder](/usc/49/13102.md?p=8) subject to the requirements of this section shall provide financial security of $75,000, regardless of the number of branch offices or sales agents of the [freight forwarder](/usc/49/13102.md?p=8).
  - (5) **Cancellation notice.—** If a financial security required under this subsection is canceled—
    - (A) the holder of the financial security shall provide electronic notification to the [Secretary](/usc/49/13102.md?p=20) of the cancellation not later than 30 days before the effective date of the cancellation; and
    - (B) the [Secretary](/usc/49/13102.md?p=20) shall immediately post such notification on the public Internet web site of the Department of [Transportation](/usc/49/13102.md?p=23).
  - (6) **Suspension.—** The [Secretary](/usc/49/13102.md?p=20) shall immediately suspend the registration of a [freight forwarder](/usc/49/13102.md?p=8) issued under this chapter if its available financial security falls below the amount required under this subsection.
  - (7) **Payment of claims in cases of financial failure or insolvency.—** If a [freight forwarder](/usc/49/13102.md?p=8) registered under this chapter experiences financial failure or insolvency, the surety provider of the [freight forwarder](/usc/49/13102.md?p=8) shall—
    - (A) submit a notice to cancel the financial security to the Administrator in accordance with [paragraph (5)](#c-5);
    - (B) publicly advertise for claims for 60 days beginning on the date of publication by the [Secretary](/usc/49/13102.md?p=20) of the notice to cancel the financial security; and
    - (C) pay, not later than 30 days after the expiration of the 60-day period for submission of claims—
      - (i) all uncontested claims received during such period; or
      - (ii) a pro rata share of such claims if the total amount of such claims exceeds the financial security available.
  - (8) **Penalties.—**
    - (A) **Civil actions.—** Either the [Secretary](/usc/49/13102.md?p=20) or the Attorney General may bring a civil action in an appropriate district court of the [United States](/usc/49/13102.md?p=24) to enforce the requirements of this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief.
    - (B) **Civil penalties.—** If the [Secretary](/usc/49/13102.md?p=20) determines, after notice and opportunity for a hearing, that a surety provider of a [freight forwarder](/usc/49/13102.md?p=8) registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty in an amount not to exceed $10,000.
    - (C) **Eligibility.—** If the [Secretary](/usc/49/13102.md?p=20) determines, after notice and opportunity for a hearing, that a surety provider of a [freight forwarder](/usc/49/13102.md?p=8) registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be ineligible to provide [freight forwarder](/usc/49/13102.md?p=8) financial security for 3 years
  - (9) **Deduction of costs prohibited.—** The amount of the financial security required under this subsection may not be reduced by deducting attorney’s fees or administrative costs.
- (d) **Type of Insurance.—** The [Secretary](/usc/49/13102.md?p=20) may determine the type and amount of security filed under this section. A [motor carrier](/usc/49/13102.md?p=14) may submit proof of qualifications as a self-insurer to satisfy the security requirements of this section. The [Secretary](/usc/49/13102.md?p=20) shall adopt regulations governing the standards for approval as a self-insurer. [Motor carriers](/usc/49/13102.md?p=14) which have been granted authority to self-insure as of January 1, 1996, shall retain that authority unless, for good cause shown and after notice and an opportunity for a hearing, the [Secretary](/usc/49/13102.md?p=20) finds that the authority must be revoked.
- (e) **Notice of Cancellation of Insurance.—** The [Secretary](/usc/49/13102.md?p=20) shall issue regulations requiring the submission to the [Secretary](/usc/49/13102.md?p=20) of notices of insurance cancellation sufficiently in advance of actual cancellation so as to enable the [Secretary](/usc/49/13102.md?p=20) to promptly revoke or suspend the registration of any [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) after the effective date of the cancellation.
- (f) **Form of Endorsement.—** The [Secretary](/usc/49/13102.md?p=20) shall also prescribe the appropriate form of endorsement to be appended to policies of insurance and surety bonds which will subject the insurance policy or surety bond to the full security limits of the coverage required under this section.

# §13907. Household goods agents

- (a) **Carriers Responsible for Agents.—** Each [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) shall be responsible for all acts or omissions of any of its agents which relate to the performance of [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/13102.md?p=23) services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the [carrier](/usc/49/13102.md?p=3) or which are ratified by the [carrier](/usc/49/13102.md?p=3).
- (b) **Standard for Selecting Agents.—** Each [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/13102.md?p=23) services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such [carrier](/usc/49/13102.md?p=3).
- (c) **Enforcement.—**
  - (1) **Complaint.—** Whenever the [Secretary](/usc/49/13102.md?p=20) has reason to believe from a complaint or investigation that an agent providing [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/13102.md?p=23) services (including accessorial and terminal services) under the authority of a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) has violated section [14901(e)](/usc/49/14901.md?p=e) or [14912](/usc/49/14912.md) or is consistently not fit, willing, and able to provide adequate [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/13102.md?p=23) services (including accessorial and terminal services), the [Secretary](/usc/49/13102.md?p=20) may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.
  - (2) **Right to defend.—** The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
  - (3) **Order.—** If the agent does not appear at the hearing or if the [Secretary](/usc/49/13102.md?p=20) finds that the agent has violated section [14901(e)](/usc/49/14901.md?p=e) or [14912](/usc/49/14912.md) or is consistently not fit, willing, and able to provide adequate [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/13102.md?p=23) services (including accessorial and terminal services), the [Secretary](/usc/49/13102.md?p=20) may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the [Secretary](/usc/49/13102.md?p=20) may issue an order to limit, condition, or prohibit such agent from any involvement in the [transportation](/usc/49/13102.md?p=23) or provision of services incidental to the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) if, after notice and an opportunity for a hearing, the [Secretary](/usc/49/13102.md?p=20) finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order.
  - (4) **Hearing.—** Upon filing of a petition with the [Secretary](/usc/49/13102.md?p=20) by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.
  - (5) **Court review.—** Any agent adversely affected or aggrieved by an order of the [Secretary](/usc/49/13102.md?p=20) issued under this subsection may seek relief in the appropriate [United States](/usc/49/13102.md?p=24) court of appeals as provided by and in the manner prescribed in [chapter 158](/usc/28/chptVI-ch158.md) of title 28, United States Code.
- (d) **Limitation on Applicability of Antitrust Laws.—**
  - (1) **In general.—** The antitrust laws, as defined in the first section of the Clayton Act ([15 U.S.C. 12](/usc/15/12.md)), do not apply to discussions or agreements between a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) and its agents (whether or not an agent is also a [carrier](/usc/49/13102.md?p=3)) related solely to—
    - (A) rates for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) under the authority of the principal [carrier](/usc/49/13102.md?p=3);
    - (B) accessorial, terminal, storage, or other charges for services incidental to the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) transported under the authority of the principal [carrier](/usc/49/13102.md?p=3);
    - (C) allowances relating to [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) under the authority of the principal [carrier](/usc/49/13102.md?p=3); and
    - (D) ownership of a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by an agent or membership on the [board](/usc/49/13102.md?p=1) of directors of any such [motor carrier](/usc/49/13102.md?p=14) by an agent.
  - (2) **Board review.—** The [Board](/usc/49/13102.md?p=1), upon its own initiative or request, shall review any activities undertaken under [paragraph (1)](#d-1) and shall modify or terminate the activity if necessary to protect the public interest.
- (e) **Definitions.—** In this section, the following definitions apply:
  - (1) **Household goods.—** The term “[household goods](/usc/49/13102.md?p=10)” has the meaning such term had under [section 10102(11) of this title](/usc/49/10102.md), as in effect on December 31, 1995.
  - (2) **Transportation.—** The term “[transportation](/usc/49/13102.md?p=23)” means [transportation](/usc/49/13102.md?p=23) that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of [chapter 105](/usc/49/chstIV-ptA-ch105.md) of this title, as in effect on December 31, 1995, if such subchapter were still in effect.

# §13908. Registration and other reforms

- (a) **Establishment of Unified Carrier Registration System.—** The [Secretary](/usc/49/13102.md?p=20), in cooperation with the [States](/usc/49/13102.md?p=21), representatives of the [motor carrier](/usc/49/13102.md?p=14), [motor private carrier](/usc/49/13102.md?p=15), [freight forwarder](/usc/49/13102.md?p=8), and [broker](/usc/49/13102.md?p=2) industries and after notice and opportunity for public comment, shall issue within 1 year after the date of enactment of the Unified [Carrier](/usc/49/13102.md?p=3) Registration Act of 2005 regulations to establish an online Federal registration system, to be named the “Unified [Carrier](/usc/49/13102.md?p=3) Registration System”, to replace—
  - (1) the current Department of [Transportation](/usc/49/13102.md?p=23) identification number system, the single [State](/usc/49/13102.md?p=21) registration system under [section 14504](/usc/49/14504.md);[^1]
  - (2) the registration system contained in this chapter and the financial responsibility information system under [section 13906](/usc/49/13906.md); and
  - (3) the service of process agent systems under sections [503](/usc/49/503.md) and [13304](/usc/49/13304.md).
- (b) **Role as Clearinghouse and Depository of Information.—** The Unified [Carrier](/usc/49/13102.md?p=3) Registration System shall serve as a clearinghouse and depository of information on, and identification of, all foreign and domestic [motor carriers](/usc/49/13102.md?p=14), [motor private carriers](/usc/49/13102.md?p=15), [brokers](/usc/49/13102.md?p=2), [freight forwarders](/usc/49/13102.md?p=8), and others required to register with the Department of [Transportation](/usc/49/13102.md?p=23), including information with respect to a [carrier](/usc/49/13102.md?p=3)’s safety rating, compliance with required levels of financial responsibility, and compliance with the provisions of [section 14504a](/usc/49/14504a.md). The [Secretary](/usc/49/13102.md?p=20) shall ensure that Federal [agencies](/usc/49/114.md?p=n-2-A-i), [States](/usc/49/13102.md?p=21), representatives of the [motor carrier](/usc/49/13102.md?p=14) industry, and the public have access to the Unified [Carrier](/usc/49/13102.md?p=3) Registration System, including the records and information contained in the System.
- (c) **Procedures for Correcting Information.—** Not later than 60 days after the effective date of this section, the [Secretary](/usc/49/13102.md?p=20) shall prescribe regulations establishing procedures that enable a [motor carrier](/usc/49/13102.md?p=14) to correct erroneous information contained in any part of the Unified [Carrier](/usc/49/13102.md?p=3) Registration System.
- (d) **Fee System.—** The [Secretary](/usc/49/13102.md?p=20) shall establish, under [section 9701 of title 31](/usc/31/9701.md), a fee system for the Unified [Carrier](/usc/49/13102.md?p=3) Registration System according to the following guidelines:
  - (1) **Registration and filing evidence of financial responsibility.—** The fee for new registrants shall as nearly as possible cover the costs of processing the registration.
  - (2) **Evidence of financial responsibility.—** The fee for filing evidence of financial responsibility pursuant to this section shall not exceed $10 per filing. No fee shall be charged for a filing for purposes of designating an agent for service of process or the filing of other information relating to financial responsibility.
  - (3) **Access and retrieval fees.—**
    - (A) **In general.—** Except as provided in [subparagraph (B)](#d-3-B), the fee system shall include a nominal fee for the access to or retrieval of information from the Unified [Carrier](/usc/49/13102.md?p=3) Registration System to cover the costs of operating and upgrading the System, including the personnel costs incurred by the Department and the costs of administration of the unified [carrier](/usc/49/13102.md?p=3) registration agreement.
    - (B) **Exceptions.—** There shall be no fee charged under this paragraph—
      - (i) to any [agency](/usc/49/114.md?p=n-2-A-i) of the Federal Government or a [State](/usc/49/13102.md?p=21) government or any political subdivision of any such government for the access to or retrieval of information and data from the Unified [Carrier](/usc/49/13102.md?p=3) Registration System for its own use; or
      - (ii) to any representative of a [motor carrier](/usc/49/13102.md?p=14), [motor private carrier](/usc/49/13102.md?p=15), leasing company, [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) (as each is defined in [section 14504a](/usc/49/14504a.md)) for the access to or retrieval of the individual information related to such entity from the Unified [Carrier](/usc/49/13102.md?p=3) Registration System for the individual use of such entity.
- (e) **Use of Fees for Unified Carrier Registration System.—** Fees collected under this section may be credited to the Department of [Transportation](/usc/49/13102.md?p=23) appropriations account for purposes for which such fees are collected and shall be available for expenditure for such purposes until expended.
- (f) **Application to Certain Intrastate Operations.—** Nothing in this section requires the registration of a [motor carrier](/usc/49/13102.md?p=14), a [motor private carrier](/usc/49/13102.md?p=15) of property, or a transporter of waste or recyclable materials operating exclusively in intrastate [transportation](/usc/49/13102.md?p=23) not otherwise required to register with the [Secretary](/usc/49/13102.md?p=20) under another provision of this title.

# §13909. Availability of information


The [Secretary](/usc/49/13102.md?p=20) shall make information relating to registration and financial security required by this chapter publicly available on the Internet, including—

- (1) the names and business addresses of the principals of each entity holding such registration;
- (2) the status of such registration; and
- (3) the electronic address of the entity’s surety provider for the submission of claims.

# §14101. Providing transportation and service

- (a) **On Reasonable Request.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall provide the [transportation](/usc/49/13102.md?p=23) or service on reasonable request. In addition, a [motor carrier](/usc/49/13102.md?p=14) shall provide safe and adequate service, equipment, and facilities.
- (b) **Contracts With Shippers.—**
  - (1) **In general.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) may enter into a contract with a shipper, other than for the movement of [household goods](/usc/49/13102.md?p=10) described in [section 13102(10)(A)](/usc/49/13102.md?p=10-A), to provide specified services under specified rates and conditions. If the shipper and [carrier](/usc/49/13102.md?p=3), in writing, expressly waive any or all rights and remedies under this part for the [transportation](/usc/49/13102.md?p=23) covered by the contract, the [transportation](/usc/49/13102.md?p=23) provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.
  - (2) **Remedy for breach of contract.—** The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate [State](/usc/49/13102.md?p=21) court or [United States](/usc/49/13102.md?p=24) district court, unless the parties otherwise agree.

# §14102. Leased motor vehicles

- (a) **General Authority of Secretary.—** The [Secretary](/usc/49/13102.md?p=20) may require a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) that uses [motor vehicles](/usc/49/13102.md?p=16) not owned by it to transport property under an arrangement with another party to—
  - (1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the [motor carrier](/usc/49/13102.md?p=14);
  - (2) carry a copy of the arrangement in each [motor vehicle](/usc/49/13102.md?p=16) to which it applies during the period the arrangement is in effect;
  - (3) inspect the [motor vehicles](/usc/49/13102.md?p=16) and obtain liability and cargo insurance on them; and
  - (4) have [control](/usc/49/13102.md?p=5) of and be responsible for operating those [motor vehicles](/usc/49/13102.md?p=16) in compliance with requirements prescribed by the [Secretary](/usc/49/13102.md?p=20) on safety of operations and equipment, and with other applicable law as if the [motor vehicles](/usc/49/13102.md?p=16) were owned by the [motor carrier](/usc/49/13102.md?p=14).
- (b) **Responsible Party for Loading and Unloading.—** The [Secretary](/usc/49/13102.md?p=20) shall require, by regulation, that any arrangement, between a [motor carrier](/usc/49/13102.md?p=14) of property providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) and any other [person](/usc/49/13102.md?p=18), under which such other [person](/usc/49/13102.md?p=18) is to provide any portion of such [transportation](/usc/49/13102.md?p=23) by a [motor vehicle](/usc/49/13102.md?p=16) not owned by the [carrier](/usc/49/13102.md?p=3) shall specify, in writing, who is responsible for loading and unloading the property onto and from the [motor vehicle](/usc/49/13102.md?p=16).

# §14103. Loading and unloading motor vehicles

- (a) **Shipper Responsible for Assisting.—** Whenever a shipper or receiver of property requires that any [person](/usc/49/13102.md?p=18) who owns or operates a [motor vehicle](/usc/49/13102.md?p=16) transporting property in interstate commerce (whether or not such [transportation](/usc/49/13102.md?p=23) is subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md)) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or [operator](/usc/49/30501.md?p=6) for all costs associated with securing and compensating the [person](/usc/49/13102.md?p=18) or [persons](/usc/49/13102.md?p=18) providing such assistance.
- (b) **Coercion Prohibited.—** It shall be unlawful to coerce or attempt to coerce any [person](/usc/49/13102.md?p=18) providing [transportation](/usc/49/13102.md?p=23) of property by [motor vehicle](/usc/49/13102.md?p=16) for compensation in interstate commerce (whether or not such [transportation](/usc/49/13102.md?p=23) is subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md)) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more [persons](/usc/49/13102.md?p=18) to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; [29 U.S.C. 101](/usc/29/101.md) et seq.), commonly known as the Norris-LaGuardia Act.

# §14104. Household goods carrier operations

- (a) **General Regulatory Authority.—**
  - (1) **Paperwork minimization.—** The [Secretary](/usc/49/13102.md?p=20) may issue regulations, including regulations protecting [individual shippers](/usc/49/13102.md?p=13), in order to carry out this part with respect to the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by [motor carriers](/usc/49/13102.md?p=14) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md). The regulations and paperwork required of [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) shall be minimized to the maximum extent feasible consistent with the protection of [individual shippers](/usc/49/13102.md?p=13).
  - (2) **Performance standards.—**
    - (A) **In general.—** Regulations of the [Secretary](/usc/49/13102.md?p=20) protecting [individual shippers](/usc/49/13102.md?p=13) shall include, where appropriate, reasonable performance standards for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md).
    - (B) **Factors to consider.—** In establishing performance standards under this paragraph, the [Secretary](/usc/49/13102.md?p=20) shall take into account at least the following—
      - (i) the level of performance that can be achieved by a well-managed [motor carrier](/usc/49/13102.md?p=14) transporting [household goods](/usc/49/13102.md?p=10);
      - (ii) the degree of harm to [individual shippers](/usc/49/13102.md?p=13) which could result from a violation of the regulation;
      - (iii) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;
      - (iv) service requirements of the [carriers](/usc/49/13102.md?p=3);
      - (v) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and
      - (vi) the need to set the level of performance at a level designed to encourage [carriers](/usc/49/13102.md?p=3) to offer service responsive to shipper needs.
  - (3) **Limitations on statutory construction.—** Nothing in this section shall be construed to limit the [Secretary](/usc/49/13102.md?p=20)’s authority to require reports from [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) or to require such [carriers](/usc/49/13102.md?p=3) to provide specified information to consumers concerning their past performance.
- (b) **Estimates.—**
  - (1) **Required to be in writing.—**
    - (A) **In general.—** Except as otherwise provided in this subsection, every [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) described in [section 13102(10)(A)](/usc/49/13102.md?p=10-A) as a [household goods motor carrier](/usc/49/13102.md?p=12-A) and subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall conduct a physical survey of the [household goods](/usc/49/13102.md?p=10) to be transported on behalf of a prospective [individual shipper](/usc/49/13102.md?p=13) and shall provide the shipper with a written estimate of charges for the [transportation](/usc/49/13102.md?p=23) and all related services.
    - (B) **Waiver.—** A shipper may elect to waive a physical survey under this paragraph by written agreement signed by the shipper before the shipment is loaded. A copy of the waiver agreement must be retained as an addendum to the bill of lading and shall be subject to the same record inspection and preservation requirements of the [Secretary](/usc/49/13102.md?p=20) as are applicable to bills of lading.
    - (C) **Estimate.—**
      - (i) **In general.—** Notwithstanding a waiver under [subparagraph (B)](#b-1-B), a [carrier](/usc/49/13102.md?p=3)’s statement of charges for [transportation](/usc/49/13102.md?p=23) must be submitted to the shipper in writing and must indicate whether it is binding or nonbinding. The written estimate shall be based on a physical survey of the [household goods](/usc/49/13102.md?p=10) if the [household goods](/usc/49/13102.md?p=10) are located within a 50-mile radius of the location of the [carrier](/usc/49/13102.md?p=3)’s [household goods](/usc/49/13102.md?p=10) agent preparing the estimate.
      - (ii) **Binding.—** A binding estimate under this paragraph must indicate that the [carrier](/usc/49/13102.md?p=3) and shipper are bound by such charges. The [carrier](/usc/49/13102.md?p=3) may impose a charge for providing a written binding estimate.
      - (iii) **Nonbinding.—** A nonbinding estimate under this paragraph must indicate that the actual charges will be based upon the actual weight of the [individual shipper](/usc/49/13102.md?p=13)’s shipment and the [carrier](/usc/49/13102.md?p=3)’s lawful tariff charges. The [carrier](/usc/49/13102.md?p=3) may not impose a charge for providing a nonbinding estimate.
  - (2) **Other information.—** At the time that a [motor carrier](/usc/49/13102.md?p=14) provides the written estimate required by [paragraph (1)](#b-1), the [motor carrier](/usc/49/13102.md?p=14) shall provide the shipper a copy of the Department of [Transportation](/usc/49/13102.md?p=23) publication FMCSA–ESA–03–005 (or its successor publication) entitled “Ready to Move?”. Before the execution of a contract for service, the [motor carrier](/usc/49/13102.md?p=14) shall provide the shipper copy of the Department of [Transportation](/usc/49/13102.md?p=23) publication OCE 100, entitled “Your Rights and Responsibilities When You Move” required by [section 375.213 of title 49, Code of Federal Regulations](/cfr/49/375.213.md) (or any successor regulation).
  - (3) **Applicability of antitrust laws.—** Any charge for an estimate of charges provided by a [motor carrier](/usc/49/13102.md?p=14) to a shipper for [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall be subject to the antitrust laws, as defined in the first section of the Clayton Act ([15 U.S.C. 12](/usc/15/12.md)).
- (c) **Flexibility in Weighing Shipments.—** The [Secretary](/usc/49/13102.md?p=20) shall issue regulations that provide [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) with the maximum possible flexibility in weighing shipments, consistent with assurance to the shipper of accurate weighing practices. The [Secretary](/usc/49/13102.md?p=20) shall not prohibit such [carriers](/usc/49/13102.md?p=3) from backweighing shipments or from basing their charges on the reweigh weights if the shipper observes both the tare and gross weighings (or, prior to such weighings, waives in writing the opportunity to observe such weighings) and such weighings are performed on the same scale.

# §14121. Definitions


In this subchapter, the following definitions apply:

- (1) **Carrier and broker.—** The terms “carrier” and “broker” include a receiver or trustee of a carrier and broker, respectively.
- (2) **Association.—** The term “association” means an organization maintained by or in the interest of a group of [carriers](#1) or [brokers](#1) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) that performs a service, or engages in activities, related to [transportation](/usc/49/13102.md?p=23) under this part.

# §14122. Records: form; inspection; preservation

- (a) **Form of Records.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as applicable, may prescribe the form of records required to be prepared or compiled under this subchapter by [carriers](/usc/49/14121.md?p=1) and [brokers](/usc/49/14121.md?p=1), including records related to movement of traffic and receipts and expenditures of money.
- (b) **Right of Inspection.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), or an employee designated by the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), may on demand and display of proper credentials, in [person](/usc/49/13102.md?p=18) or in writing—
  - (1) inspect and examine the lands, buildings, and equipment of a [carrier](/usc/49/14121.md?p=1) or [broker](/usc/49/14121.md?p=1); and
  - (2) inspect and copy any record of—
    - (A) a [carrier](/usc/49/14121.md?p=1), [broker](/usc/49/14121.md?p=1), or [association](/usc/49/14121.md?p=2); and
    - (B) a [person](/usc/49/13102.md?p=18) controlling, controlled by, or under common [control](/usc/49/13102.md?p=5) with a [carrier](/usc/49/14121.md?p=1) if the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, considers inspection relevant to that [person](/usc/49/13102.md?p=18)’s relation to, or transaction with, that [carrier](/usc/49/14121.md?p=1).
- (c) **Period for Preservation of Records.—** The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may prescribe the time period during which operating, accounting, and financial records must be preserved by [carriers](/usc/49/14121.md?p=1) and [brokers](/usc/49/14121.md?p=1).

# §14123. Financial reporting

- (a) **Reports.—**
  - (1) **Annual reports.—** The [Secretary](/usc/49/13102.md?p=20) shall require Class I and Class II [motor carriers](/usc/49/13102.md?p=14) to file with the [Secretary](/usc/49/13102.md?p=20) annual financial and safety reports, the form and substance of which shall be prescribed by the [Secretary](/usc/49/13102.md?p=20); except that, at a minimum, such reports shall include balance sheets and income statements.
  - (2) **Other reports.—** The [Secretary](/usc/49/13102.md?p=20) may require [motor carriers](/usc/49/13102.md?p=14), [freight forwarders](/usc/49/13102.md?p=8), [brokers](/usc/49/14121.md?p=1), lessors, and [associations](/usc/49/14121.md?p=2), or classes of them as the [Secretary](/usc/49/13102.md?p=20) may prescribe, to file quarterly, periodic, or special reports with the [Secretary](/usc/49/13102.md?p=20) and to respond to surveys concerning their operations.
- (b) **Matters To Be Covered.—** In determining the matters to be covered by any reports to be filed under [subsection (a)](#a), the [Secretary](/usc/49/13102.md?p=20) shall consider—
  - (1) safety needs;
  - (2) the need to preserve confidential business information and trade secrets and prevent competitive harm;
  - (3) private sector, academic, and public use of information in the reports; and
  - (4) the public interest.
- (c) **Exemptions.—**
  - (1) **From filing.—** The [Secretary](/usc/49/13102.md?p=20) may exempt upon good cause shown any party from the financial reporting requirements of [subsection (a)](#a). Any request for such exemption must demonstrate, at a minimum, that an exemption is required to avoid competitive harm and preserve confidential business information that is not otherwise publicly available.
  - (2) **From public release.—**
    - (A) **In general.—** The [Secretary](/usc/49/13102.md?p=20) shall allow, upon request, a filer of a report under [subsection (a)](#a) that is not a publicly held corporation or that is not subject to financial reporting requirements of the Securities and Exchange Commission, an exemption from the public release of such report.
    - (B) **Procedure.—** After a request under [subparagraph (A)](#c-2-A) and notice and opportunity for comment but in no event later than 90 days after the date of such request, the [Secretary](/usc/49/13102.md?p=20) shall approve such request if the [Secretary](/usc/49/13102.md?p=20) finds that the exemption requested is necessary to avoid competitive harm and to avoid the disclosure of information that qualifies as a trade secret or privileged or confidential information under [section 552(b)(4) of title 5](/usc/5/552.md?p=b-4).
    - (C) **Use of data for internal dot purposes.—** If an exemption is granted under this paragraph, nothing shall prevent the [Secretary](/usc/49/13102.md?p=20) from using data from reports filed under this subsection for internal purposes of the Department of [Transportation](/usc/49/13102.md?p=23) or including such data in aggregate industry statistics released for publication if such inclusion would not render the filer’s data readily identifiable.
    - (D) **Pending requests.—** The [Secretary](/usc/49/13102.md?p=20) shall not release publicly the report of a [carrier](/usc/49/14121.md?p=1) making a request under [subparagraph (A)](#c-2-A) while such request is pending.
  - (3) **Period of exemptions.—** Exemptions granted under this subsection shall be for 3-year periods.
- (d) **Streamlining and Simplification.—** The [Secretary](/usc/49/13102.md?p=20) shall streamline and simplify, to the maximum extent practicable, any reporting requirements the [Secretary](/usc/49/13102.md?p=20) imposes under this section.

# §14301. Security interests in certain motor vehicles

- (a) **Definitions.—** In this section, the following definitions apply:
  - (1) **Motor vehicle.—** The term “motor vehicle” means a truck of rated capacity (gross vehicle weight) of at least 10,000 pounds, a [highway](/usc/49/13102.md?p=9) tractor of rated capacity (gross combination weight) of at least 10,000 pounds, a property-carrying trailer or semitrailer with at least one load-carrying axle of at least 10,000 pounds, or a motor bus with a seating capacity of at least 10 individuals.
  - (2) **Lien creditor.—** The term “lien creditor” means a creditor having a lien on a [motor vehicle](#a-1) and includes an assignee for benefit of creditors from the date of assignment, a trustee in a case under [title 11](/usc/11.md) from the date of filing of the petition in that case, and a receiver in equity from the date of appointment of the receiver.
  - (3) **Security interest.—** The term “security interest” means an interest (including an interest established by a conditional sales contract, mortgage, equipment trust, or other lien or title retention contract, or lease) in a [motor vehicle](#a-1) when the interest secures payment or performance of an obligation.
  - (4) **Perfection.—** The term “perfection”, as related to a [security interest](#a-3), means taking action (including public filing, recording, notation on a certificate of title, and possession of collateral by the secured party), or the existence of facts, required under law to make a [security interest](#a-3) enforceable against general creditors and subsequent [lien creditors](#a-2) of a debtor, but does not include compliance with requirements related only to the establishment of a valid [security interest](#a-3) between the debtor and the secured party.
- (b) **Requirements for Perfection of Security Interest.—** A [security interest](#a-3) in a [motor vehicle](#a-1) owned by, or in the possession and use of, a [carrier](/usc/49/13102.md?p=3) registered under [section 13902 of this title](/usc/49/13902.md) and owing payment or performance of an obligation secured by that [security interest](#a-3) is perfected in all jurisdictions against all general, and subsequent lien, creditors of, and all [persons](/usc/49/13102.md?p=18) taking a [motor vehicle](#a-1) by sale (or taking or retaining a [security interest](#a-3) in a [motor vehicle](#a-1)) from, that [carrier](/usc/49/13102.md?p=3) when—
  - (1) a certificate of title is issued for a [motor vehicle](#a-1) under a law of a jurisdiction that requires or permits indication, on a certificate or title, of a [security interest](#a-3) in the [motor vehicle](#a-1) if the [security interest](#a-3) is indicated on the certificate;
  - (2) a certificate of title has not been issued and the law of the [State](/usc/49/13102.md?p=21) where the principal place of business of that [carrier](/usc/49/13102.md?p=3) is located requires or permits public filing or recording of, or in relation to, that [security interest](#a-3) if there has been such a public filing or recording; and
  - (3) a certificate of title has not been issued and the [security interest](#a-3) cannot be perfected under paragraph (2) of this subsection, if the [security interest](#a-3) has been perfected under the law (including the conflict of laws rules) of the [State](/usc/49/13102.md?p=21) where the principal place of business of that [carrier](/usc/49/13102.md?p=3) is located.

# §14302. Pooling and division of transportation or earnings

- (a) **Approval Required.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may not agree or combine with another such [carrier](/usc/49/13102.md?p=3) to pool or divide traffic or services or any part of their earnings without the approval of the [Board](/usc/49/13102.md?p=1) under this section.
- (b) **Standards for Approval.—** The [Board](/usc/49/13102.md?p=1) may approve and authorize an agreement or combination between or among [motor carriers](/usc/49/13102.md?p=14) of passengers, or between a [motor carrier](/usc/49/13102.md?p=14) of passengers and a [rail carrier](/usc/49/24901.md?p=2) of passengers if the [carriers](/usc/49/13102.md?p=3) involved assent to the pooling or division and the [Board](/usc/49/13102.md?p=1) finds that a pooling or division of traffic, services, or earnings—
  - (1) will be in the interest of better service to the public or of economy of operation; and
  - (2) will not unreasonably restrain competition.
- (c) **Procedure.—**
  - (1) **Application.—** Any [motor carrier](/usc/49/13102.md?p=14) of property may apply to the [Board](/usc/49/13102.md?p=1) for approval of an agreement or combination with another such [carrier](/usc/49/13102.md?p=3) to pool or divide traffic or any services or any part of their earnings by filing such agreement or combination with the [Board](/usc/49/13102.md?p=1) not less than 50 days before its effective date.
  - (2) **Determination of importance and restraint on competition.—** Prior to the effective date of the agreement or combination, the [Board](/usc/49/13102.md?p=1) shall determine whether the agreement or combination is of major [transportation](/usc/49/13102.md?p=23) importance and whether there is substantial likelihood that the agreement or combination will unduly restrain competition. If the [Board](/usc/49/13102.md?p=1) determines that neither of these 2 factors exists, it shall, prior to such effective date and without a hearing, approve and authorize the agreement or combination, under such rules and regulations as the [Board](/usc/49/13102.md?p=1) may issue, and for such consideration between such [carriers](/usc/49/13102.md?p=3) and upon such terms and conditions as shall be found by the [Board](/usc/49/13102.md?p=1) to be just and reasonable.
  - (3) **Hearing.—** If the [Board](/usc/49/13102.md?p=1) determines either that the agreement or combination is of major [transportation](/usc/49/13102.md?p=23) importance or that there is substantial likelihood that the agreement or combination will unduly restrain competition, the [Board](/usc/49/13102.md?p=1) shall hold a hearing concerning whether the agreement or combination will be in the interest of better service to the public or of economy in operation and whether it will unduly restrain competition and shall suspend operation of such agreement or combination pending such hearing and final decision thereon. After such hearing, the [Board](/usc/49/13102.md?p=1) shall indicate to what extent it finds that the agreement or combination will be in the interest of better service to the public or of economy in operation and will not unduly restrain competition and if assented to by all the [carriers](/usc/49/13102.md?p=3) involved, shall to that extent, approve and authorize the agreement or combination, under such rules and regulations as the [Board](/usc/49/13102.md?p=1) may issue, and for such consideration between such [carriers](/usc/49/13102.md?p=3) and upon such terms and conditions as shall be found by the [Board](/usc/49/13102.md?p=1) to be just and reasonable.
  - (4) **Special rules for household goods carriers.—** In the case of an application for [Board](/usc/49/13102.md?p=1) approval of an agreement or combination between a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) and its agents to pool or divide traffic or services or any part of their earnings, such agreement or combination shall be presumed to be in the interest of better service to the public and of economy in operation and not to restrain competition unduly if the practices proposed to be carried out under such agreement or combination are the same as or similar to practices carried out under agreements and combinations between [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) to pool or divide traffic or service of any part of their earnings approved by the Interstate Commerce Commission before January 1, 1996.
  - (5) **Streamlining and simplifying.—** The [Board](/usc/49/13102.md?p=1) shall streamline, simplify, and expedite, to the maximum extent practicable, the process (including any paperwork) for submission and approval of applications under this section for agreements and combinations between [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) and their agents.
- (d) **Conditions.—** The [Board](/usc/49/13102.md?p=1) may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the [carriers](/usc/49/13102.md?p=3).
- (e) **Initiation of Proceeding.—** The [Board](/usc/49/13102.md?p=1) may begin a proceeding under this section on its own initiative or on application.
- (f) **Effect of Approval.—** A [carrier](/usc/49/13102.md?p=3) may participate in an arrangement approved by or exempted by the [Board](/usc/49/13102.md?p=1) under this section without the approval of any other Federal, [State](/usc/49/13102.md?p=21), or municipal body. A [carrier](/usc/49/13102.md?p=3) participating in an approved or exempted arrangement is exempt from the antitrust laws and from all other law, including [State](/usc/49/13102.md?p=21) and municipal law, as necessary to let that [person](/usc/49/13102.md?p=18) carry out the arrangement.
- (g) **Continuation of Existing Agreements.—** Any agreements in operation under the provisions of this title on January 1, 1996, that are succeeded by this section shall remain in effect until further order of the [Board](/usc/49/13102.md?p=1).
- (h) **Definitions.—** In this section, the following definitions apply:
  - (1) **Household goods.—** The term “[household goods](/usc/49/13102.md?p=10)” has the meaning such term had under [section 10102(11) of this title](/usc/49/10102.md), as in effect on December 31, 1995.
  - (2) **Transportation.—** The term “[transportation](/usc/49/13102.md?p=23)” means [transportation](/usc/49/13102.md?p=23) that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of [chapter 105](/usc/49/chstIV-ptA-ch105.md) of this title, as in effect on December 31, 1995, if such subchapter were still in effect.

# §14303. Consolidation, merger, and acquisition of control of motor carriers of passengers

- (a) **Approval Required.—** The following transactions involving [motor carriers](/usc/49/13102.md?p=14) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may be carried out only with the approval of the [Board](/usc/49/13102.md?p=1):
  - (1) Consolidation or merger of the properties or franchises of at least 2 [carriers](/usc/49/13102.md?p=3) into one operation for the ownership, management, and operation of the previously separately owned properties.
  - (2) A purchase, lease, or contract to operate property of another [carrier](/usc/49/13102.md?p=3) by any number of [carriers](/usc/49/13102.md?p=3).
  - (3) Acquisition of [control](/usc/49/13102.md?p=5) of a [carrier](/usc/49/13102.md?p=3) by any number of [carriers](/usc/49/13102.md?p=3).
  - (4) Acquisition of [control](/usc/49/13102.md?p=5) of at least 2 [carriers](/usc/49/13102.md?p=3) by a [person](/usc/49/13102.md?p=18) that is not a [carrier](/usc/49/13102.md?p=3).
  - (5) Acquisition of [control](/usc/49/13102.md?p=5) of a [carrier](/usc/49/13102.md?p=3) by a [person](/usc/49/13102.md?p=18) that is not a [carrier](/usc/49/13102.md?p=3) but that [controls](/usc/49/13102.md?p=5) any number of [carriers](/usc/49/13102.md?p=3).
- (b) **Standard for Approval.—** The [Board](/usc/49/13102.md?p=1) shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The [Board](/usc/49/13102.md?p=1) shall consider at least the following:
  - (1) The effect of the proposed transaction on the adequacy of [transportation](/usc/49/13102.md?p=23) to the public.
  - (2) The total fixed charges that result from the proposed transaction.
  - (3) The interest of [carrier](/usc/49/13102.md?p=3) employees affected by the proposed transaction.

  The [Board](/usc/49/13102.md?p=1) may impose conditions governing the transaction.

- (c) **Determination of Completeness of Application.—** Within 30 days after the date on which an application is filed under this section, the [Board](/usc/49/13102.md?p=1) shall either publish a notice of the application in the Federal Register or reject the application if it is incomplete.
- (d) **Comments.—** Written comments about an application may be filed with the [Board](/usc/49/13102.md?p=1) within 45 days after the date on which notice of the application is published under [subsection (c)](#c).
- (e) **Deadlines.—** The [Board](/usc/49/13102.md?p=1) shall conclude evidentiary proceedings by the 240th day after the date on which notice of the application is published under [subsection (c)](#c). The [Board](/usc/49/13102.md?p=1) shall issue a final decision by the 180th day after the conclusion of the evidentiary proceedings. The [Board](/usc/49/13102.md?p=1) may extend a time period under this subsection; except that the total of all such extensions with respect to any application shall not exceed 90 days.
- (f) **Effect of Approval.—** A [carrier](/usc/49/13102.md?p=3) or corporation participating in or resulting from a transaction approved by the [Board](/usc/49/13102.md?p=1) under this section, or exempted by the [Board](/usc/49/13102.md?p=1) from the application of this section pursuant to [section 13541](/usc/49/13541.md), may carry out the transaction, own and operate property, and exercise [control](/usc/49/13102.md?p=5) or franchises acquired through the transaction without the approval of a [State](/usc/49/13102.md?p=21) authority. A [carrier](/usc/49/13102.md?p=3), corporation, or [person](/usc/49/13102.md?p=18) participating in the approved or exempted transaction is exempt from the antitrust laws and from all other law, including [State](/usc/49/13102.md?p=21) and municipal law, as necessary to let that [person](/usc/49/13102.md?p=18) carry out the transaction, hold, maintain, and operate property, and exercise [control](/usc/49/13102.md?p=5) or franchises acquired through the transaction.
- (g) **Limitation on Applicability.—** This section shall not apply to transactions involving [carriers](/usc/49/13102.md?p=3) whose aggregate gross operating revenues were not more than $2,000,000 during a period of 12 consecutive months ending not more than 6 months before the date of the agreement of the parties.
- (h) **Applicability of Certain Provisions.—** When the [Board](/usc/49/13102.md?p=1) approves and authorizes a transaction under this section in which a [person](/usc/49/13102.md?p=18) not a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) acquires [control](/usc/49/13102.md?p=5) of at least 1 [carrier](/usc/49/13102.md?p=3) subject to such jurisdiction, the [person](/usc/49/13102.md?p=18) is subject, as a [carrier](/usc/49/13102.md?p=3), to the following provisions of this title that apply to the [carrier](/usc/49/13102.md?p=3) being acquired by that [person](/usc/49/13102.md?p=18), to the extent specified by the [Board](/usc/49/13102.md?p=1): sections [504(f)](/usc/49/504.md?p=f), 14121–14123, [14901(a)](/usc/49/14901.md?p=a), and [14907](/usc/49/14907.md).
- (i) **Interim Approval.—** Pending determination of an application filed under this section, the [Board](/usc/49/13102.md?p=1) may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the [person](/usc/49/13102.md?p=18) proposing in the application to acquire those properties, when it appears that failure to do so may result in destruction of or injury to those properties or substantially interfere with their future usefulness in providing adequate and continuous service to the public. [Transportation](/usc/49/13102.md?p=23) provided by a [motor carrier](/usc/49/13102.md?p=14) under a grant of approval under this subsection is subject to this part.
- (j) **Supplemental Orders.—** When cause exists, the [Board](/usc/49/13102.md?p=1) may issue appropriate orders supplemental to an order made in a proceeding under this section.

# §14501. Federal authority over intrastate transportation

- (a) **Motor Carriers of Passengers.—**
  - (1) **Limitation on state law.—** No [State](/usc/49/13102.md?p=21) or political subdivision thereof and no interstate [agency](/usc/49/114.md?p=n-2-A-i) or other political [agency](/usc/49/114.md?p=n-2-A-i) of 2 or more [States](/usc/49/13102.md?p=21) shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to—
    - (A) scheduling of interstate or intrastate [transportation](/usc/49/13102.md?p=23) (including discontinuance or reduction in the level of service) provided by a [motor carrier](/usc/49/13102.md?p=14) of passengers subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) of this title on an interstate route;
    - (B) the implementation of any change in the rates for such [transportation](/usc/49/13102.md?p=23) or for any charter [transportation](/usc/49/13102.md?p=23) except to the extent that notice, not in excess of 30 days, of changes in schedules may be required; or
    - (C) the authority to provide intrastate or interstate charter bus [transportation](/usc/49/13102.md?p=23).

    This paragraph shall not apply to intrastate commuter bus operations, or to intrastate bus [transportation](/usc/49/13102.md?p=23) of any nature in the [State](/usc/49/13102.md?p=21) of Hawaii.

  - (2) **Matters not covered.—** [Paragraph (1)](#a-1) shall not restrict the safety regulatory authority of a [State](/usc/49/13102.md?p=21) with respect to [motor vehicles](/usc/49/13102.md?p=16), the authority of a [State](/usc/49/13102.md?p=21) to impose [highway](/usc/49/13102.md?p=9) route [controls](/usc/49/13102.md?p=5) or limitations based on the size or weight of the [motor vehicle](/usc/49/13102.md?p=16), or the authority of a [State](/usc/49/13102.md?p=21) to regulate [carriers](/usc/49/13102.md?p=3) with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization.
- (b) **Freight Forwarders and Brokers.—**
  - (1) **General rule.—** Subject to paragraph (2) of this subsection, no [State](/usc/49/13102.md?p=21) or political subdivision thereof and no intrastate [agency](/usc/49/114.md?p=n-2-A-i) or other political [agency](/usc/49/114.md?p=n-2-A-i) of 2 or more [States](/usc/49/13102.md?p=21) shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to intrastate rates, intrastate routes, or intrastate services of any [freight forwarder](/usc/49/13102.md?p=8) or [broker](/usc/49/13102.md?p=2).
  - (2) **Continuation of hawaii’s authority.—** Nothing in this subsection and the amendments made by the Surface [Freight Forwarder](/usc/49/13102.md?p=8) Deregulation Act of 1986 shall be construed to affect the authority of the [State](/usc/49/13102.md?p=21) of Hawaii to continue to regulate a [motor carrier](/usc/49/13102.md?p=14) operating within the [State](/usc/49/13102.md?p=21) of Hawaii.
- (c) **Motor Carriers of Property.—**
  - (1) **General rule.—** Except as provided in paragraphs [(2)](#c-2) and [(3)](#c-3), a [State](/usc/49/13102.md?p=21), political subdivision of a [State](/usc/49/13102.md?p=21), or political authority of 2 or more [States](/usc/49/13102.md?p=21) may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any [motor carrier](/usc/49/13102.md?p=14) (other than a [carrier](/usc/49/13102.md?p=3) affiliated with a direct air [carrier](/usc/49/13102.md?p=3) covered by [section 41713(b)(4)](/usc/49/41713.md?p=b-4)) or any [motor private carrier](/usc/49/13102.md?p=15), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8) with respect to the [transportation](/usc/49/13102.md?p=23) of property.
  - (2) **Matters not covered.—** [Paragraph (1)](#c-1)—
    - (A) shall not restrict the safety regulatory authority of a [State](/usc/49/13102.md?p=21) with respect to [motor vehicles](/usc/49/13102.md?p=16), the authority of a [State](/usc/49/13102.md?p=21) to impose [highway](/usc/49/13102.md?p=9) route [controls](/usc/49/13102.md?p=5) or limitations based on the size or weight of the [motor vehicle](/usc/49/13102.md?p=16) or the hazardous nature of the cargo, or the authority of a [State](/usc/49/13102.md?p=21) to regulate [motor carriers](/usc/49/13102.md?p=14) with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;
    - (B) does not apply to the intrastate [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10); and
    - (C) does not apply to the authority of a [State](/usc/49/13102.md?p=21) or a political subdivision of a [State](/usc/49/13102.md?p=21) to enact or enforce a law, regulation, or other provision relating to the regulation of tow truck operations performed without the prior consent or authorization of the owner or [operator](/usc/49/30501.md?p=6) of the [motor vehicle](/usc/49/13102.md?p=16).
  - (3) **State standard transportation practices.—**
    - (A) **Continuation.—** [Paragraph (1)](#c-1) shall not affect any authority of a [State](/usc/49/13102.md?p=21), political subdivision of a [State](/usc/49/13102.md?p=21), or political authority of 2 or more [States](/usc/49/13102.md?p=21) to enact or enforce a law, regulation, or other provision, with respect to the intrastate [transportation](/usc/49/13102.md?p=23) of property by [motor carriers](/usc/49/13102.md?p=14), related to—
      - (i) uniform cargo liability rules,
      - (ii) uniform bills of lading or receipts for property being transported,
      - (iii) uniform cargo credit rules,
      - (iv) antitrust immunity for joint line rates or routes, classifications, mileage guides, and pooling, or
      - (v) antitrust immunity for agent-van line operations (as set forth in [section 13907](/usc/49/13907.md)),

      if such law, regulation, or provision meets the requirements of [subparagraph (B)](#c-3-B).

    - (B) **Requirements.—** A law, regulation, or provision of a [State](/usc/49/13102.md?p=21), political subdivision, or political authority meets the requirements of this subparagraph if—
      - (i) the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this part or a regulation issued by the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) under this part; and
      - (ii) the law, regulation, or provision only applies to a [carrier](/usc/49/13102.md?p=3) upon request of such [carrier](/usc/49/13102.md?p=3).
    - (C) **Election.—** Notwithstanding any other provision of law, a [carrier](/usc/49/13102.md?p=3) affiliated with a direct air [carrier](/usc/49/13102.md?p=3) through common controlling ownership may elect to be subject to a law, regulation, or provision of a [State](/usc/49/13102.md?p=21), political subdivision, or political authority under this paragraph.
  - (4) **Nonapplicability to hawaii.—** This subsection shall not apply with respect to the [State](/usc/49/13102.md?p=21) of Hawaii.
  - (5) **Limitation on statutory construction.—** Nothing in this section shall be construed to prevent a [State](/usc/49/13102.md?p=21) from requiring that, in the case of a [motor vehicle](/usc/49/13102.md?p=16) to be towed from private property without the consent of the owner or [operator](/usc/49/30501.md?p=6) of the vehicle, the [person](/usc/49/13102.md?p=18) towing the vehicle have prior written authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is towed from the property, or both.
- (d) **Pre-Arranged Ground Transportation.—**
  - (1) **In general.—** No [State](/usc/49/13102.md?p=21) or political subdivision thereof and no interstate [agency](/usc/49/114.md?p=n-2-A-i) or other political [agency](/usc/49/114.md?p=n-2-A-i) of 2 or more [States](/usc/49/13102.md?p=21) shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a [motor vehicle](/usc/49/13102.md?p=16) is providing [pre-arranged ground transportation service](/usc/49/13102.md?p=19) if the [motor carrier](/usc/49/13102.md?p=14) providing such service—
    - (A) meets all applicable registration requirements under [chapter 139](/usc/49/chstIV-ptB-ch139.md) for the interstate [transportation](/usc/49/13102.md?p=23) of passengers;
    - (B) meets all applicable vehicle and intrastate passenger licensing requirements of the [State](/usc/49/13102.md?p=21) or [States](/usc/49/13102.md?p=21) in which the [motor carrier](/usc/49/13102.md?p=14) is domiciled or registered to do business; and
    - (C) is providing such service pursuant to a contract for—
      - (i) [transportation](/usc/49/13102.md?p=23) by the [motor carrier](/usc/49/13102.md?p=14) from one [State](/usc/49/13102.md?p=21), including [intermediate stops](#d-2), to a destination in another [State](/usc/49/13102.md?p=21); or
      - (ii) [transportation](/usc/49/13102.md?p=23) by the [motor carrier](/usc/49/13102.md?p=14) from one [State](/usc/49/13102.md?p=21), including [intermediate stops](#d-2) in another [State](/usc/49/13102.md?p=21), to a destination in the original [State](/usc/49/13102.md?p=21).
  - (2) **Intermediate stop defined.—** In this section, the term “intermediate stop”, with respect to [transportation](/usc/49/13102.md?p=23) by a [motor carrier](/usc/49/13102.md?p=14), means a pause in the [transportation](/usc/49/13102.md?p=23) in order for one or more passengers to engage in personal or business activity, but only if the driver providing the [transportation](/usc/49/13102.md?p=23) to such passenger or passengers does not, before resuming the [transportation](/usc/49/13102.md?p=23) of such passenger (or at least 1 of such passengers), provide [transportation](/usc/49/13102.md?p=23) to any other [person](/usc/49/13102.md?p=18) not included among the passengers being transported when the pause began.
  - (3) **Matters not covered.—** Nothing in this subsection shall be construed—
    - (A) as subjecting [taxicab service](/usc/49/13102.md?p=22) to regulation under [chapter 135](/usc/49/chstIV-ptB-ch135.md) or [section 31138](/usc/49/31138.md);
    - (B) as prohibiting or restricting an [airport](/usc/49/47501.md?p=1), train, or bus terminal [operator](/usc/49/30501.md?p=6) from contracting to provide preferential access or facilities to one or more providers of [pre-arranged ground transportation service](/usc/49/13102.md?p=19); and
    - (C) as restricting the right of any [State](/usc/49/13102.md?p=21) or political subdivision of a [State](/usc/49/13102.md?p=21) to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground [transportation](/usc/49/13102.md?p=23) service originating in the [State](/usc/49/13102.md?p=21) or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the [State](/usc/49/13102.md?p=21) in which the [operator](/usc/49/30501.md?p=6) is domiciled, by the [State](/usc/49/13102.md?p=21) or political subdivision by which the [operator](/usc/49/30501.md?p=6) is licensed to provide such service, or by the [motor carrier](/usc/49/13102.md?p=14) providing such service, as a condition of providing such service.

# §14502. Tax discrimination against motor carrier transportation property

- (a) **Definitions.—** In this section, the following definitions apply:
  - (1) **Assessment.—** The term “assessment” means valuation for a property tax levied by a taxing district.
  - (2) **Assessment jurisdiction.—** The term “assessment jurisdiction” means a geographical area in a [State](/usc/49/13102.md?p=21) used in determining the assessed value of property for ad valorem taxation.
  - (3) **Motor carrier transportation property.—** The term “motor carrier transportation property” means property, as defined by the [Secretary](/usc/49/13102.md?p=20), owned or used by a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) in interstate commerce whether or not such [transportation](/usc/49/13102.md?p=23) is subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md).
  - (4) **Commercial and industrial property.—** The term “commercial and industrial property” means property, other than [transportation](/usc/49/13102.md?p=23) property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use, and subject to a property tax levy.
- (b) **Acts Burdening Interstate Commerce.—** The following acts unreasonably burden and discriminate against interstate commerce and a [State](/usc/49/13102.md?p=21), subdivision of a [State](/usc/49/13102.md?p=21), or authority acting for a [State](/usc/49/13102.md?p=21) or subdivision of a [State](/usc/49/13102.md?p=21) may not do any of them:
  - (1) **Excessive valuation of property.—** Assess [motor carrier transportation property](#a-3) at a value that has a higher ratio to the true market value of the [motor carrier transportation property](#a-3) than the ratio that the assessed value of other [commercial and industrial property](#a-4) in the same [assessment jurisdiction](#a-2) has to the true market value of the other [commercial and industrial property](#a-4).
  - (2) **Tax on assessment.—** Levy or collect a tax on an [assessment](#a-1) that may not be made under [paragraph (1)](#b-1).
  - (3) **Ad valorem tax.—** Levy or collect an ad valorem property tax on [motor carrier transportation property](#a-3) at a tax rate that exceeds the tax rate applicable to [commercial and industrial property](#a-4) in the same [assessment jurisdiction](#a-2).
- (c) **Jurisdiction.—**
  - (1) **In general.—** Notwithstanding [section 1341 of title 28](/usc/28/1341.md) and without regard to the amount in controversy or citizenship of the parties, a district court of the [United States](/usc/49/13102.md?p=24) has jurisdiction, concurrent with other jurisdiction of courts of the [United States](/usc/49/13102.md?p=24) and the [States](/usc/49/13102.md?p=21), to prevent a violation of [subsection (b)](#b) of this section.
  - (2) **Limitation in relief.—** Relief may be granted under this subsection only if the ratio of assessed value to true market value of [motor carrier transportation property](#a-3) exceeds, by at least 5 percent, the ratio of assessed value to true market value of other [commercial and industrial property](#a-4) in the same [assessment jurisdiction](#a-2).
  - (3) **Burden of proof.—** The burden of proof in determining assessed value and true market value is governed by [State](/usc/49/13102.md?p=21) law.
  - (4) **Violation.—** If the ratio of the assessed value of other [commercial and industrial property](#a-4) in the [assessment jurisdiction](#a-2) to the true market value of all other [commercial and industrial property](#a-4) cannot be determined to the satisfaction of the district court through the random-sampling method known as a sales [assessment](#a-1) ratio study (to be carried out under statistical principles applicable to such a study), the court shall find, as a violation of this section—
    - (A) an [assessment](#a-1) of the [motor carrier transportation property](#a-3) at a value that has a higher ratio to the true market value of the [motor carrier transportation property](#a-3) than the [assessment](#a-1) value of all other property subject to a property tax levy in the [assessment jurisdiction](#a-2) has to the true market value of all such other property; and
    - (B) the collection of ad valorem property tax on the [motor carrier transportation property](#a-3) at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.

# §14503. Withholding State and local income tax by certain carriers

- (a) **Single State Tax Withholding.—**
  - (1) **In general.—** No part of the compensation paid by a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or by a [motor private carrier](/usc/49/13102.md?p=15) to an [employee](#a-2) who performs regularly assigned duties in 2 or more [States](/usc/49/13102.md?p=21) as such an [employee](#a-2) with respect to a [motor vehicle](/usc/49/13102.md?p=16) shall be subject to the income tax laws of any [State](/usc/49/13102.md?p=21) or subdivision of that [State](/usc/49/13102.md?p=21), other than the [State](/usc/49/13102.md?p=21) or subdivision thereof of the [employee](#a-2)’s residence.
  - (2) **Employee defined.—** In this subsection, the term “employee” has the meaning given such term in [section 31132](/usc/49/31132.md).
- (b) **Special Rules.—**
  - (1) **Calculation of earnings.—** In this subsection, an employee is deemed to have earned more than 50 percent of pay in a [State](/usc/49/13102.md?p=21) or subdivision of that [State](/usc/49/13102.md?p=21) in which the time worked by the employee in the [State](/usc/49/13102.md?p=21) or subdivision is more than 50 percent of the total time worked by the employee while employed during the calendar year.
  - (2) **Water carriers.—** A [water carrier](/usc/49/13102.md?p=26) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter II of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall file income tax information returns and other reports only with—
    - (A) the [State](/usc/49/13102.md?p=21) and subdivision of residence of the employee (as shown on the employment records of the [carrier](/usc/49/13102.md?p=3)); and
    - (B) the [State](/usc/49/13102.md?p=21) and subdivision in which the employee earned more than 50 percent of the pay received by the employee from the [carrier](/usc/49/13102.md?p=3) during the preceding calendar year.
  - (3) **Applicability to sailors.—** This subsection applies to pay of a master, officer, or sailor who is a member of the crew on a [vessel](/usc/49/13102.md?p=25) engaged in foreign, coastwise, intercoastal, or noncontiguous trade or in the fisheries of the [United States](/usc/49/13102.md?p=24).
- (c) **Filing of Information.—** A motor and [motor private carrier](/usc/49/13102.md?p=15) withholding pay from an employee under [subsection (a)](#a) of this section shall file income tax information returns and other reports only with the [State](/usc/49/13102.md?p=21) and subdivision of residence of the employee.

# [§14504. Repealed. Pub. L. 109–59, title IV, § 4305(a), Aug. 10, 2005, 119 Stat. 1764; Pub. L. 110–53, title XV, § 1537(a), Aug. 3, 2007, 121 Stat. 467 — repealed]



# §14504a. Unified Carrier Registration System plan and agreement

- (a) **Definitions.—** In this section and [section 14506](/usc/49/14506.md) (except as provided in [paragraph (5)](#a-5)), the following definitions apply:
  - (1) **Commercial motor vehicle.—**
    - (A) **In general.—** Except as provided in [subparagraph (B)](#a-1-B), the term “commercial motor vehicle”—
      - (i) for calendar years 2008 and 2009, has the meaning given the term in [section 31101](/usc/49/31101.md); and
      - (ii) for years beginning after December 31, 2009, means a self-propelled vehicle described in [section 31101](/usc/49/31101.md).
    - (B) **Exception.—** With respect to determining the size of a [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15)’s fleet in calculating the fee to be paid by a [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) pursuant to [subsection (f)(1)](#f-1), the [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) shall have the option to include, in addition to [commercial motor vehicles](#a-1-A) as defined in [subparagraph (A)](#a-1-A), any self-propelled vehicle used on the [highway](/usc/49/13102.md?p=9) in commerce to transport passengers or property for compensation regardless of the gross vehicle weight rating of the vehicle or the number of passengers transported by such vehicle.
  - (2) **Base-state.—**
    - (A) **In general.—** Subject to [subparagraph (B)](#a-2-B), the term “base-State” means, with respect to a [unified carrier registration agreement](#a-8), a [State](/usc/49/13102.md?p=21)—
      - (i) that is in compliance with the requirements of [subsection (e)](#e); and
      - (ii) in which the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [broker](/usc/49/13102.md?p=2), [freight forwarder](/usc/49/13102.md?p=8), or [leasing company](#a-4) to which the agreement applies maintains its principal place of business.
    - (B) **Designation of base-state.—** A [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [broker](/usc/49/13102.md?p=2), [freight forwarder](/usc/49/13102.md?p=8), or [leasing company](#a-4) may designate another [State](/usc/49/13102.md?p=21) in which it maintains an office or operating facility to be its [base-State](#a-2-A) in the event that—
      - (i) the [State](/usc/49/13102.md?p=21) in which the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [broker](/usc/49/13102.md?p=2), [freight forwarder](/usc/49/13102.md?p=8), or [leasing company](#a-4) maintains its principal place of business is not in compliance with the requirements of [subsection (e)](#e); or
      - (ii) the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [broker](/usc/49/13102.md?p=2), [freight forwarder](/usc/49/13102.md?p=8), or [leasing company](#a-4) does not have a principal place of business in the [United States](/usc/49/13102.md?p=24).
  - (3) **Intrastate fee.—** The term “intrastate fee” means any fee, tax, or other type of assessment, including per vehicle fees and gross receipts taxes, imposed on a [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) for the renewal of the intrastate authority or insurance filings of such [carrier](/usc/49/13102.md?p=3) with a [State](/usc/49/13102.md?p=21).
  - (4) **Leasing company.—** The term “leasing company” means a lessor that is engaged in the business of leasing or renting for compensation [motor vehicles](/usc/49/13102.md?p=16) without drivers to a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8).
  - (5) **Motor carrier.—**
    - (A) **This section.—** In this section:
      - (i) **In general.—** The term “[motor carrier](#a-5-A-ii)” includes all [carriers](/usc/49/13102.md?p=3) that are otherwise exempt from this part—
        - (I) under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md); or
        - (II) through exemption actions by the former Interstate Commerce Commission under this title.
      - (ii) **Exclusions.—** In this section, the term “motor carrier” does not include—
        - (I) any [carrier](/usc/49/13102.md?p=3) subject to [section 13504](/usc/49/13504.md); or
        - (II) any other [carrier](/usc/49/13102.md?p=3) that the [board](/usc/49/13102.md?p=1) of directors of the [unified carrier registration plan](#a-9) determines to be appropriate pursuant to [subsection (d)(4)(C)](#d-4-C).
    - (B) **Section 14506.—** In [section 14506](/usc/49/14506.md), the term “[motor carrier](#a-5-A-ii)” includes all [carriers](/usc/49/13102.md?p=3) that are otherwise exempt from this part—
      - (i) under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md); or
      - (ii) through exemption actions by the former Interstate Commerce Commission under this title.
  - (6) **Participating state.—** The term “participating State” means a [State](/usc/49/13102.md?p=21) that has complied with the requirements of [subsection (e)](#e).
  - (7) **SSRS.—** The term “SSRS” means the single [state](/usc/49/13102.md?p=21) registration system in effect on the date of enactment of this section.
  - (8) **Unified carrier registration agreement.—** The terms “unified carrier registration agreement” and “UCR agreement” mean the interstate agreement developed under the [unified carrier registration plan](#a-9) governing the collection and distribution of registration and financial responsibility information provided and fees paid by [motor carriers](#a-5-A-ii), [motor private carriers](/usc/49/13102.md?p=15), [brokers](/usc/49/13102.md?p=2), [freight forwarders](/usc/49/13102.md?p=8), and [leasing companies](#a-4) pursuant to this section.
  - (9) **Unified carrier registration plan.—** The terms “unified carrier registration plan” and “UCR plan” mean the organization of [State](/usc/49/13102.md?p=21), Federal, and industry representatives responsible for developing, implementing, and administering the [unified carrier registration agreement](#a-8).
  - (10) **Vehicle registration.—** The term “vehicle registration” means the registration of any [commercial motor vehicle](#a-1-A) under the International Registration Plan (as defined in [section 31701](/usc/49/31701.md)) or any other registration law or regulation of a jurisdiction.
- (b) **Applicability of Provisions to Freight Forwarders.—** A [freight forwarder](/usc/49/13102.md?p=8) that operates [commercial motor vehicles](#a-1-A) and is not required to register as a [carrier](/usc/49/13102.md?p=3) pursuant to [section 13903(b)](/usc/49/13903.md?p=b)[^1] shall be subject to the provisions of this section as if the [freight forwarder](/usc/49/13102.md?p=8) is a [motor carrier](#a-5-A-ii).
- (c) **Unreasonable Burden.—** For purposes of this section, it shall be considered an unreasonable burden upon interstate commerce for any [State](/usc/49/13102.md?p=21) or any political subdivision of a [State](/usc/49/13102.md?p=21), or any political authority of two or more [States](/usc/49/13102.md?p=21)—
  - (1) to enact, impose, or enforce any requirement or standards with respect to, or levy any fee or charge on, any [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) (in this section referred to as an “interstate [motor carrier](#a-5-A-ii)” and an “interstate [motor private carrier](/usc/49/13102.md?p=15)”, respectively) in connection with—
    - (A) the registration with the [State](/usc/49/13102.md?p=21) of the interstate operations of the [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15);
    - (B) the filing with the [State](/usc/49/13102.md?p=21) of information relating to the financial responsibility of a [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) pursuant to sections [31138](/usc/49/31138.md) or [31139](/usc/49/31139.md);
    - (C) the filing with the [State](/usc/49/13102.md?p=21) of the name of the local agent for service of process of the [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) pursuant to section [503](/usc/49/503.md) or [13304](/usc/49/13304.md); or
    - (D) the annual renewal of the intrastate authority, or the insurance filings, of the [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15), or other intrastate filing requirement necessary to operate within the [State](/usc/49/13102.md?p=21) if the [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) is—
      - (i) registered under [section 13902](/usc/49/13902.md) or [section 13905(b)](/usc/49/13905.md?p=b); and
      - (ii) in compliance with the laws and regulations of the [State](/usc/49/13102.md?p=21) authorizing the [carrier](/usc/49/13102.md?p=3) to operate in the [State](/usc/49/13102.md?p=21) in accordance with [section 14501(c)(2)(A)](/usc/49/14501.md?p=c-2-A); except with respect to—
        - (I) intrastate service provided by [motor carriers](#a-5-A-ii) of passengers that is not subject to the preemption provisions of [section 14501(a)](/usc/49/14501.md?p=a);
        - (II) [motor carriers](#a-5-A-ii) of property, [motor private carriers](/usc/49/13102.md?p=15), [brokers](/usc/49/13102.md?p=2), or [freight forwarders](/usc/49/13102.md?p=8), or their services or operations, that are described in subparagraphs [(B)](/usc/49/14501.md?p=c-2-B) and [(C)](/usc/49/14501.md?p=c-2-C) of section 14501(c)(2); and
        - (III) the intrastate [transportation](/usc/49/13102.md?p=23) of waste or recyclable materials by any [carrier](/usc/49/13102.md?p=3); or
  - (2) to require any interstate [motor carrier](#a-5-A-ii) or [motor private carrier](/usc/49/13102.md?p=15) that also performs intrastate operations to pay any fee or tax which[^2] a [carrier](/usc/49/13102.md?p=3) engaged exclusively in intrastate operations is exempt.
- (d) **Unified Carrier Registration Plan.—**
  - (1) **Board of directors.—**
    - (A) **Governance of plan; establishment.—** The [unified carrier registration plan](#a-9) shall have a [board](/usc/49/13102.md?p=1) of directors consisting of representatives of the Department of [Transportation](/usc/49/13102.md?p=23), [participating States](#a-6), and the [motor carrier](#a-5-A-ii) industry. The [Secretary](/usc/49/13102.md?p=20) shall establish the [board](/usc/49/13102.md?p=1).
    - (B) **Composition.—** The [board](/usc/49/13102.md?p=1) shall consist of 15 directors appointed by the [Secretary](/usc/49/13102.md?p=20) as follows:
      - (i) **Federal motor carrier safety administration.—** One director from each of the Federal [Motor Carrier](#a-5-A-ii) Safety Administration’s 4 service areas (as those areas were defined by the Federal [Motor Carrier](#a-5-A-ii) Safety Administration on January 1, 2005) from among the chief administrative officers of the [State](/usc/49/13102.md?p=21) [agencies](/usc/49/114.md?p=n-2-A-i) responsible for overseeing the administration of the [UCR agreement](#a-8).
      - (ii) **State agencies.—** Five directors from the professional staffs of [State](/usc/49/13102.md?p=21) [agencies](/usc/49/114.md?p=n-2-A-i) responsible for overseeing the administration of the [UCR agreement](#a-8) in their respective [States](/usc/49/13102.md?p=21). Nominees for these 5 directorships shall be submitted to the [Secretary](/usc/49/13102.md?p=20) by the national [association](/usc/49/14121.md?p=2) of professional employees of the [State](/usc/49/13102.md?p=21) [agencies](/usc/49/114.md?p=n-2-A-i) responsible for overseeing the administration of the [UCR agreement](#a-8) in their respective [States](/usc/49/13102.md?p=21).
      - (iii) **Motor carrier industry.—** Five directors from the [motor carrier](#a-5-A-ii) industry. At least 1 of the appointees under this clause shall be a representative of a national trade [association](/usc/49/14121.md?p=2) representing the general [motor carrier](#a-5-A-ii) of property industry. At least 1 of the appointees under this clause shall represent a [motor carrier](#a-5-A-ii) that falls within the smallest fleet fee bracket.
      - (iv) **Department of transportation.—** The Deputy Administrator of the Federal [Motor Carrier](#a-5-A-ii) Safety Administration, or such other presidential appointee from the Department, as the [Secretary](/usc/49/13102.md?p=20) may appoint.
    - (C) **Chairperson and vice-chairperson.—** The [Secretary](/usc/49/13102.md?p=20) shall designate 1 director as chairperson and 1 director as vice-chairperson of the [board](/usc/49/13102.md?p=1). The chairperson and vice-chairperson shall serve in such capacity for the term of their appointment as directors.
    - (D) **Terms.—**
      - (i) **Initial terms.—** In appointing the initial [board](/usc/49/13102.md?p=1), the [Secretary](/usc/49/13102.md?p=20) shall designate 5 of the appointed directors for initial terms of 3 years, 5 of the appointed directors for initial terms of 2 years, and 5 of the appointed directors for initial terms of 1 year.
      - (ii) **Thereafter.—** After the initial term, all directors shall be appointed for terms of 3 years; except that the term of the Deputy Administrator or other individual designated by the [Secretary](/usc/49/13102.md?p=20) under [subparagraph (B)(iv)](#d-1-B-iv) shall be at the discretion of the [Secretary](/usc/49/13102.md?p=20).
      - (iii) **Succession.—** A director may be appointed to succeed himself or herself.
      - (iv) **End of service.—** A director may continue to serve on the [board](/usc/49/13102.md?p=1) until his or her successor is appointed.
  - (2) **Rules and regulations governing the ucr agreement.—** The [board](/usc/49/13102.md?p=1) of directors shall issue rules and regulations to govern the [UCR agreement](#a-8). The rules and regulations shall—
    - (A) prescribe uniform forms and formats, for—
      - (i) the annual submission of the information required by a [base-State](#a-2-A) of a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [leasing company](#a-4), [broker](/usc/49/13102.md?p=2), or [freight forwarder](/usc/49/13102.md?p=8);
      - (ii) the transmission of information by a [participating State](#a-6) to the Unified [Carrier](/usc/49/13102.md?p=3) Registration System;
      - (iii) the payment of excess fees by a [State](/usc/49/13102.md?p=21) to the designated depository and the distribution of fees by the depository to those [States](/usc/49/13102.md?p=21) so entitled; and
      - (iv) the providing of notice by a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [broker](/usc/49/13102.md?p=2), [freight forwarder](/usc/49/13102.md?p=8), or [leasing company](#a-4) to the [board](/usc/49/13102.md?p=1) of the intent of such entity to change its [base-State](#a-2-A), and the procedures for a [State](/usc/49/13102.md?p=21) to object to such a change under [subparagraph (C)](#d-2-C);
    - (B) provide for the administration of the [unified carrier registration agreement](#a-8), including procedures for amending the agreement and obtaining clarification of any provision of the Agreement;
    - (C) provide procedures for dispute resolution under the agreement that provide due process for all involved parties; and
    - (D) designate a depository.
  - (3) **Compensation and expenses.—**
    - (A) **In general.—** Except for the representative of the Department appointed under [paragraph (1)(B)(iv)](#d-1-B-iv), no director shall receive any compensation or other benefits from the Federal Government for serving on the [board](/usc/49/13102.md?p=1) or be considered a Federal employee as a result of such service.
    - (B) **Expenses.—** All directors shall be reimbursed for expenses they incur attending meetings of the [board](/usc/49/13102.md?p=1). In addition, the [board](/usc/49/13102.md?p=1) may approve the reimbursement of expenses incurred by members of any subcommittee or task force appointed under [paragraph (5)](#d-5) for carrying out the duties of the subcommittee or task force. The reimbursement of expenses to directors and subcommittee and task force members shall be under subchapter II of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5, United States Code, governing reimbursement of expenses for travel by Federal employees.
  - (4) **Meetings.—**
    - (A) **In general.—** The [board](/usc/49/13102.md?p=1) shall meet at least once per year. Additional meetings may be called, as needed, by the chairperson of the [board](/usc/49/13102.md?p=1), a majority of the directors, or the [Secretary](/usc/49/13102.md?p=20).
    - (B) **Quorum.—** A majority of directors shall constitute a quorum.
    - (C) **Voting.—** Approval of any matter before the [board](/usc/49/13102.md?p=1) shall require the approval of a majority of all directors present at the meeting, except that a decision to approve the exclusion of [carriers](/usc/49/13102.md?p=3) from the definition of the term “[motor carrier](#a-5-A-ii)” under [subsection (a)(5)](#a-5) shall require an affirmative vote of ¾ of all such directors..[^2]
    - (D) **Open meetings.—** Meetings of the [board](/usc/49/13102.md?p=1) and any subcommittees or task forces appointed under [paragraph (5)](#d-5) shall be subject to the provisions of [section 552b of title 5](/usc/5/552b.md).
  - (5) **Subcommittees.—**
    - (A) **Industry advisory subcommittee.—** The chairperson shall appoint an industry advisory subcommittee. The industry advisory subcommittee shall consider any matter before the [board](/usc/49/13102.md?p=1) and make recommendations to the [board](/usc/49/13102.md?p=1).
    - (B) **Other subcommittees.—** The chairperson shall appoint an audit subcommittee, a dispute resolution subcommittee, and any additional subcommittees and task forces that the [board](/usc/49/13102.md?p=1) determines to be necessary.
    - (C) **Membership.—** The chairperson of each subcommittee shall be a director. The other members of subcommittees and task forces may be directors or nondirectors.
    - (D) **Representation on subcommittees.—** Except for the industry advisory subcommittee (the membership of which shall consist solely of representatives of entities subject to the fee requirements of [subsection (f)](#f)), each subcommittee and task force shall include representatives of the [participating States](#a-6) and the [motor carrier](#a-5-A-ii) industry.
  - (6) **Delegation of authority.—** The [board](/usc/49/13102.md?p=1) may contract with any [person](/usc/49/13102.md?p=18) or any [agency](/usc/49/114.md?p=n-2-A-i) of a [State](/usc/49/13102.md?p=21) to perform administrative functions required under the [unified carrier registration agreement](#a-8), but may not delegate its decision or policy-making responsibilities.
  - (7) **Determination of fees.—**
    - (A) **Recommendation by board.—** The [board](/usc/49/13102.md?p=1) shall recommend to the [Secretary](/usc/49/13102.md?p=20) the initial annual fees to be assessed [carriers](/usc/49/13102.md?p=3), [leasing companies](#a-4), [brokers](/usc/49/13102.md?p=2), and [freight forwarders](/usc/49/13102.md?p=8) under the [unified carrier registration agreement](#a-8). In making its recommendation to the [Secretary](/usc/49/13102.md?p=20) for the level of fees to be assessed in any agreement year, and in setting the fee level, the [board](/usc/49/13102.md?p=1) and the [Secretary](/usc/49/13102.md?p=20) shall consider—
      - (i) the administrative costs associated with the [unified carrier registration plan](#a-9) and the agreement;
      - (ii) whether the revenues generated in the previous year and any surplus or shortage from that or prior years enable the [participating States](#a-6) to achieve the revenue levels set by the [board](/usc/49/13102.md?p=1); and
      - (iii) the provisions governing fees under [subsection (f)(1)](#f-1).
    - (B) **Setting fees.—** The [Secretary](/usc/49/13102.md?p=20) shall set the initial annual fees for the next agreement year and any subsequent adjustment of those fees—
      - (i) within 90 days after receiving the [board](/usc/49/13102.md?p=1)’s recommendation under [subparagraph (A)](#d-7-A); and
      - (ii) after notice and opportunity for public comment.
  - (8) **Liability protections for directors.—** No individual appointed to serve on the [board](/usc/49/13102.md?p=1) shall be liable to any other director or to any other party for harm, either economic or non-economic, caused by an act or omission of the individual arising from the individual’s service on the [board](/usc/49/13102.md?p=1) if—
    - (A) the individual was acting within the scope of his or her responsibilities as a director; and
    - (B) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the right or safety of the party harmed by the individual.
  - (9) **Inapplicability of chapter 10 of title 5.—** [Chapter 10](/usc/5/chptI-ch10.md) of title 5 shall not apply to the [unified carrier registration plan](#a-9), the [board](/usc/49/13102.md?p=1), or its committees.
  - (10) **Certain fees not affected.—** This section does not limit the amount of money a [State](/usc/49/13102.md?p=21) may charge for [vehicle registration](#a-10) or the amount of any fuel use tax a [State](/usc/49/13102.md?p=21) may impose pursuant to the International Fuel Tax Agreement (as defined in [section 31701](/usc/49/31701.md)).
- (e) **State Participation.—**
  - (1) **State plan.—** No [State](/usc/49/13102.md?p=21) shall be eligible to participate in the [unified carrier registration plan](#a-9) or to receive any revenues derived under the [UCR agreement](#a-8), unless the [State](/usc/49/13102.md?p=21) submits to the [Secretary](/usc/49/13102.md?p=20), not later than 3 years after the date of enactment of the Unified [Carrier](/usc/49/13102.md?p=3) Registration Act of 2005, a plan—
    - (A) identifying the [State](/usc/49/13102.md?p=21) [agency](/usc/49/114.md?p=n-2-A-i) that has or will have the legal authority, resources, and qualified personnel necessary to administer the agreement in accordance with the rules and regulations promulgated by the [board](/usc/49/13102.md?p=1) of directors; and
    - (B) demonstrating that an amount at least equal to the revenue derived by the [State](/usc/49/13102.md?p=21) from the [unified carrier registration agreement](#a-8) shall be used for [motor carrier](#a-5-A-ii) safety programs, enforcement, or the administration of the [UCR plan](#a-9) and [UCR agreement](#a-8).
  - (2) **Amended plans.—** A [State](/usc/49/13102.md?p=21) that submits a plan under this subsection may change the [agency](/usc/49/114.md?p=n-2-A-i) designated in the plan by filing an amended plan with the [Secretary](/usc/49/13102.md?p=20) and the chairperson of the [board](/usc/49/13102.md?p=1) of directors.
  - (3) **Withdrawal of plan.—** If a [State](/usc/49/13102.md?p=21) withdraws, or notifies the [Secretary](/usc/49/13102.md?p=20) that it is withdrawing, the plan it submitted under this subsection, the [State](/usc/49/13102.md?p=21) may no longer participate in the [unified carrier registration agreement](#a-8) or receive any portion of the revenues derived under the agreement. The [Secretary](/usc/49/13102.md?p=20) shall notify the chairperson upon receiving notice from a [State](/usc/49/13102.md?p=21) that it is withdrawing its plan or withdrawing from the agreement, or both.
  - (4) **Termination of eligibility.—** If a [State](/usc/49/13102.md?p=21) fails to submit a plan to the [Secretary](/usc/49/13102.md?p=20) in accordance with [paragraph (1)](#e-1) or withdraws its plan under [paragraph (3)](#e-3), the [State](/usc/49/13102.md?p=21) may not submit or resubmit a plan or participate in the agreement.
  - (5) **Provision of plan to chairperson.—** The [Secretary](/usc/49/13102.md?p=20) shall provide a copy of each plan submitted under this subsection to the chairperson of the [board](/usc/49/13102.md?p=1) of directors not later than 10 days after date of submission of the plan.
- (f) **Contents of Unified Carrier Registration Agreement.—** The [unified carrier registration agreement](#a-8) shall provide the following:
  - (1) **Fees.—**
    - (A) Fees charged—
      - (i) to a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) under the [UCR agreement](#a-8) shall be based on the number of [commercial motor vehicles](#a-1-A) owned or operated by the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8); and
      - (ii) to a [broker](/usc/49/13102.md?p=2) or [leasing company](#a-4) under the [UCR agreement](#a-8) shall be equal to the smallest fee charged to a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), and [freight forwarder](/usc/49/13102.md?p=8) under this paragraph.
    - (B) The fees shall be determined by the [Secretary](/usc/49/13102.md?p=20) based upon the recommendation of the [board](/usc/49/13102.md?p=1) under [subsection (d)(7)](#d-7).
    - (C) The [board](/usc/49/13102.md?p=1) shall develop for purposes of charging fees no more than 6 and no less than 4 brackets of [carriers](/usc/49/13102.md?p=3) (including [motor private carriers](/usc/49/13102.md?p=15)) based on the size of fleet.
    - (D) The fee scale shall be progressive in the amount of the fee.
    - (E) The [board](/usc/49/13102.md?p=1) may ask the [Secretary](/usc/49/13102.md?p=20) to adjust the fees within a reasonable range on an annual basis if the revenues derived from the fees—
      - (i) are insufficient to provide the revenues to which the [States](/usc/49/13102.md?p=21) are entitled under this section; or
      - (ii) exceed those revenues.
  - (2) **Determination of ownership or operation.—** For purposes of this subsection, a [commercial motor vehicle](#a-1-A) is owned or operated by a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) if the vehicle is registered under Federal law or [State](/usc/49/13102.md?p=21) law, or both, in the name of the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) or is controlled by the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) under a long term lease during a [vehicle registration](#a-10) year.
  - (3) **Calculation of number of commercial motor vehicles owned or operated.—** The number of [commercial motor vehicles](#a-1-A) owned or operated by a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) for purposes of [paragraph (1)](#f-1) shall be based either on the number of [commercial motor vehicles](#a-1-A) the [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) has indicated it operates on its most recently filed MCS–150 or the total number of such vehicles it owned or operated for the 12-month period ending on June 30 of the year immediately prior to the registration year of the Unified [Carrier](/usc/49/13102.md?p=3) Registration System. A [motor carrier](#a-5-A-ii) may include in the calculation of its fleet size for purposes of [paragraph (1)](#f-1) any [commercial motor vehicle](#a-1-A). [Motor carriers](#a-5-A-ii) and [motor private carriers](/usc/49/13102.md?p=15) in the calculation of their fleet size for purposes of [paragraph (1)](#f-1) may elect not to include [commercial motor vehicles](#a-1-A) used exclusively in the intrastate [transportation](/usc/49/13102.md?p=23) of property, waste, or recyclable material.
  - (4) **Payment of fees.—** [Motor carriers](#a-5-A-ii), [motor private carriers](/usc/49/13102.md?p=15), [leasing companies](#a-4), [brokers](/usc/49/13102.md?p=2), and [freight forwarders](/usc/49/13102.md?p=8) shall pay all fees required under this section to their [base-State](#a-2-A) pursuant to the [UCR Agreement](#a-8).
- (g) **Payment of Fees.—** Revenues derived under the [UCR Agreement](#a-8) shall be allocated to [participating States](#a-6) as follows:
  - (1) A [State](/usc/49/13102.md?p=21) that participated in the [SSRS](#a-7) in the last registration year under the [SSRS](#a-7) ending before the date of enactment of the Unified [Carrier](/usc/49/13102.md?p=3) Registration Act of 2005 and complies with [subsection (e)](#e) is entitled to receive under this section a portion of the revenues generated under the [UCR agreement](#a-8) equivalent to the revenues it received under the [SSRS](#a-7) in such last registration year, as long as the [State](/usc/49/13102.md?p=21) continues to comply with [subsection (e)](#e).
  - (2) A [State](/usc/49/13102.md?p=21) that collected intrastate registration fees from interstate [motor carriers](#a-5-A-ii), interstate [motor private carriers](/usc/49/13102.md?p=15), or interstate exempt [carriers](/usc/49/13102.md?p=3) and complies with [subsection (e)](#e) is entitled to receive under this section an additional portion of the revenues generated under the [UCR agreement](#a-8) equivalent to the revenues it received from such [carriers](/usc/49/13102.md?p=3) in the last calendar year ending before the date of enactment of the Unified [Carrier](/usc/49/13102.md?p=3) Registration Act of 2005, as long as the [State](/usc/49/13102.md?p=21) continues to comply with [subsection (e)](#e).
  - (3) [States](/usc/49/13102.md?p=21) that comply with [subsection (e)](#e) but did not participate in [SSRS](#a-7) during such last registration year shall be entitled under this section to an annual allotment not to exceed $500,000 from the revenues generated under the [UCR agreement](#a-8), as long as the [State](/usc/49/13102.md?p=21) continues to comply with the provisions of [subsection (e)](#e).
  - (4) The amount of revenues generated under the [UCR agreement](#a-8) to which a [State](/usc/49/13102.md?p=21) is entitled under this section shall be calculated by the [board](/usc/49/13102.md?p=1) and approved by the [Secretary](/usc/49/13102.md?p=20).
- (h) **Distribution of UCR Agreement Revenues.—**
  - (1) **Eligibility.—** Each [State](/usc/49/13102.md?p=21) that is in compliance with [subsection (e)](#e) shall be entitled under this section to a portion of the revenues derived from the [UCR Agreement](#a-8) in accordance with [subsection (g)](#g).
  - (2) **Entitlement to revenues.—** A [State](/usc/49/13102.md?p=21) that is in compliance with [subsection (e)](#e) may retain an amount of the gross revenues it collects from [motor carriers](#a-5-A-ii), [motor private carriers](/usc/49/13102.md?p=15), [brokers](/usc/49/13102.md?p=2), [freight forwarders](/usc/49/13102.md?p=8) and [leasing companies](#a-4) under the [UCR agreement](#a-8) equivalent to the portion of revenues to which the [State](/usc/49/13102.md?p=21) is entitled under [subsection (g)](#g). All revenues a [participating State](#a-6) collects in excess of the amount to which the [State](/usc/49/13102.md?p=21) is so entitled shall be forwarded to the depository designated by the [board](/usc/49/13102.md?p=1) under [subsection (d)(2)(D)](#d-2-D).
  - (3) **Distribution of funds from depository.—** The excess funds deposited in the depository shall be distributed by the [board](/usc/49/13102.md?p=1) of directors as follows:
    - (A) On a pro rata basis to each [participating State](#a-6) that did not collect revenues under the [UCR agreement](#a-8) equivalent to the amount such [State](/usc/49/13102.md?p=21) is entitled under [subsection (g)](#g), except that the sum of the gross revenues collected under the [UCR agreement](#a-8) by a [participating State](#a-6) and the amount distributed to it from the depository shall not exceed the amount to which the [State](/usc/49/13102.md?p=21) is entitled under [subsection (g)](#g).
    - (B) After all distributions under [subparagraph (A)](#h-3-A) have been made, to pay the administrative costs of the [UCR plan](#a-9) and the [UCR agreement](#a-8).
  - (4) **Retention of certain excess funds.—** Any excess funds held by the depository after distributions and payments under paragraphs [(3)(A)](#h-3-A) and [(3)(B)](#h-3-B) shall be retained in the depository, and the fees charged under the [UCR agreement](#a-8) to [motor carriers](#a-5-A-ii), [motor private carriers](/usc/49/13102.md?p=15), [leasing companies](#a-4), [freight forwarders](/usc/49/13102.md?p=8), and [brokers](/usc/49/13102.md?p=2) for the next fee year shall be reduced by the [Secretary](/usc/49/13102.md?p=20) accordingly.
- (i) **Enforcement.—**
  - (1) **Civil actions.—** Upon request by the [Secretary](/usc/49/13102.md?p=20), the Attorney General may bring a civil action in the [United States](/usc/49/13102.md?p=24) district court described in [paragraph (2)](#i-2) to enforce an order issued to require compliance with this section and with the terms of the [UCR agreement](#a-8).
  - (2) **Venue.—** An action under this section may be brought only in a [United States](/usc/49/13102.md?p=24) district court in the [State](/usc/49/13102.md?p=21) in which compliance with the order is required.
  - (3) **Relief.—** Subject to [section 1341 of title 28](/usc/28/1341.md), the court, on a proper showing shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the [State](/usc/49/13102.md?p=21) or any [person](/usc/49/13102.md?p=18) comply with this section.
  - (4) **Enforcement by states.—** Nothing in this section—
    - (A) prohibits a [participating State](#a-6) from issuing citations and imposing reasonable fines and penalties pursuant to the applicable laws and regulations of the [State](/usc/49/13102.md?p=21) on any [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), [freight forwarder](/usc/49/13102.md?p=8), [broker](/usc/49/13102.md?p=2), or [leasing company](#a-4) for failure to—
      - (i) submit information documents as required under [subsection (d)(2)](#d-2); or
      - (ii) pay the fees required under [subsection (f)](#f); or
    - (B) authorizes a [State](/usc/49/13102.md?p=21) to require a [motor carrier](#a-5-A-ii), [motor private carrier](/usc/49/13102.md?p=15), or [freight forwarder](/usc/49/13102.md?p=8) to display as evidence of compliance any form of identification in excess of those permitted under [section 14506](/usc/49/14506.md) on or in a [commercial motor vehicle](#a-1-A).
- (j) **Application to Intrastate Carriers.—** Notwithstanding any other provision of this section, a [State](/usc/49/13102.md?p=21) may elect to apply the provisions of the [UCR agreement](#a-8) to [motor carriers](#a-5-A-ii) and [motor private carriers](/usc/49/13102.md?p=15) and [freight forwarders](/usc/49/13102.md?p=8) subject to its jurisdiction that operate solely in intrastate commerce within the borders of the [State](/usc/49/13102.md?p=21).

# §14505. State tax


A [State](/usc/49/13102.md?p=21) or political subdivision thereof may not collect or levy a tax, fee, head charge, or other charge on—

- (1) a passenger traveling in interstate commerce by [motor carrier](/usc/49/13102.md?p=14);
- (2) the [transportation](/usc/49/13102.md?p=23) of a passenger traveling in interstate commerce by [motor carrier](/usc/49/13102.md?p=14);
- (3) the sale of passenger [transportation](/usc/49/13102.md?p=23) in interstate commerce by [motor carrier](/usc/49/13102.md?p=14); or
- (4) the gross receipts derived from such [transportation](/usc/49/13102.md?p=23).

# §14506. Identification of vehicles

- (a) **Restriction on Requirements.—** No [State](/usc/49/13102.md?p=21), political subdivision of a [State](/usc/49/13102.md?p=21), interstate [agency](/usc/49/114.md?p=n-2-A-i), or other political [agency](/usc/49/114.md?p=n-2-A-i) of two or more [States](/usc/49/13102.md?p=21) may enact or enforce any law, rule, regulation standard, or other provision having the force and effect of law that requires a [motor carrier](/usc/49/13102.md?p=14), [motor private carrier](/usc/49/13102.md?p=15), [freight forwarder](/usc/49/13102.md?p=8), or leasing company to display any form of identification on or in a commercial [motor vehicle](/usc/49/13102.md?p=16) (as defined in [section 14504a](/usc/49/14504a.md)), other than forms of identification required by the [Secretary](/usc/49/13102.md?p=20) of [Transportation](/usc/49/13102.md?p=23) under [section 390.21 of title 49, Code of Federal Regulations](/cfr/49/390.21.md).
- (b) **Exception.—** Notwithstanding [subsection (a)](#a), a [State](/usc/49/13102.md?p=21) may continue to require display of credentials that are required—
  - (1) under the International Registration Plan under [section 31704](/usc/49/31704.md);
  - (2) under the International Fuel Tax Agreement under [section 31705](/usc/49/31705.md) or under an applicable [State](/usc/49/13102.md?p=21) law if, on October 1, 2006, the [State](/usc/49/13102.md?p=21) has a form of [highway](/usc/49/13102.md?p=9) use taxation not subject to collection through the International Fuel Tax Agreement;
  - (3) under a [State](/usc/49/13102.md?p=21) law regarding [motor vehicle](/usc/49/13102.md?p=16) license plates or other displays that the [Secretary](/usc/49/13102.md?p=20) determines are appropriate;
  - (4) in connection with Federal requirements for [hazardous materials](/usc/49/5102.md?p=2) [transportation](/usc/49/13102.md?p=23) under [section 5103](/usc/49/5103.md); or
  - (5) in connection with the Federal vehicle inspection standards under [section 31136](/usc/49/31136.md).

# §14701. General authority

- (a) **Investigations.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as applicable, may begin an investigation under this part on the [Secretary](/usc/49/13102.md?p=20)’s or the [Board](/usc/49/13102.md?p=1)’s own initiative or on complaint. If the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, finds that a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) is violating this part, the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, shall take appropriate action to compel compliance with this part. If the [Secretary](/usc/49/13102.md?p=20) finds that a [foreign motor carrier](/usc/49/13102.md?p=6) or [foreign motor private carrier](/usc/49/13102.md?p=7) is violating [chapter 139](/usc/49/chstIV-ptB-ch139.md), the [Secretary](/usc/49/13102.md?p=20) shall take appropriate action to compel compliance with that chapter. The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may take action under this subsection only after giving the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) notice of the investigation and an opportunity for a proceeding.
- (b) **Complaints.—** A [person](/usc/49/13102.md?p=18), including a governmental authority, may file with the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, a complaint about a violation of this part by a [carrier](/usc/49/13102.md?p=3) providing, or [broker](/usc/49/13102.md?p=2) for, [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under this part or a [foreign motor carrier](/usc/49/13102.md?p=6) or [foreign motor private carrier](/usc/49/13102.md?p=7) providing [transportation](/usc/49/13102.md?p=23) registered under [section 13902 of this title](/usc/49/13902.md). The complaint must [state](/usc/49/13102.md?p=21) the facts that are the subject of the violation. The [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, may dismiss a complaint that it determines does not [state](/usc/49/13102.md?p=21) reasonable grounds for investigation and action.
- (c) **Deadline.—** A formal investigative proceeding begun by the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1) under [subsection (a)](#a) of this section is dismissed automatically unless it is concluded with administrative finality by the end of the 3d year after the date on which it was begun.

# §14702. Enforcement by the regulatory authority

- (a) **In General.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as applicable, may bring a civil action—
  - (1) to enforce [section 14103 of this title](/usc/49/14103.md); or
  - (2) to enforce this part, or a regulation or order of the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, when violated by a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) of this title or by a [foreign motor carrier](/usc/49/13102.md?p=6) or [foreign motor private carrier](/usc/49/13102.md?p=7) providing [transportation](/usc/49/13102.md?p=23) registered under [section 13902 of this title](/usc/49/13902.md).
- (b) **Venue.—** In a civil action under [subsection (a)(2)](#a-2) of this section—
  - (1) trial is in the judicial district in which the [carrier](/usc/49/13102.md?p=3), [foreign motor carrier](/usc/49/13102.md?p=6), [foreign motor private carrier](/usc/49/13102.md?p=7), or [broker](/usc/49/13102.md?p=2) operates;
  - (2) process may be served without regard to the territorial limits of the district or of the [State](/usc/49/13102.md?p=21) in which the action is instituted; and
  - (3) a [person](/usc/49/13102.md?p=18) participating with a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) in a violation may be joined in the civil action without regard to the residence of the [person](/usc/49/13102.md?p=18).
- (c) **Standing.—** The [Board](/usc/49/13102.md?p=1), through its own attorneys, may bring or participate in any civil action involving [motor carrier](/usc/49/13102.md?p=14) undercharges.

# §14703. Enforcement by the Attorney General


The Attorney General may, and on request of either the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) shall, bring court proceedings—

- (1) to enforce this part or a regulation or order of the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1) or terms of registration under this part; and
- (2) to prosecute a [person](/usc/49/13102.md?p=18) violating this part or a regulation or order of the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1) or term of registration under this part.

# §14704. Rights and remedies of persons injured by carriers or brokers

- (a) **In General.—**
  - (1) **Enforcement of order.—** A [person](/usc/49/13102.md?p=18) injured because a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) does not obey an order of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as applicable, under this part, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. A [person](/usc/49/13102.md?p=18) may bring a civil action for injunctive relief for violations of sections [14102](/usc/49/14102.md), [14103](/usc/49/14103.md), and [14915(c)](/usc/49/14915.md?p=c).
  - (2) **Damages for violations.—** A [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) is liable for damages sustained by a [person](/usc/49/13102.md?p=18) as a result of an act or omission of that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) in violation of this part.
- (b) **Liability and Damages for Exceeding Tariff Rate.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) is liable to a [person](/usc/49/13102.md?p=18) for amounts charged that exceed the applicable rate for [transportation](/usc/49/13102.md?p=23) or service contained in a tariff in effect under [section 13702](/usc/49/13702.md).
- (c) **Election.—**
  - (1) **Complaint to dot or board; civil action.—** A [person](/usc/49/13102.md?p=18) may file a complaint with the [Board](/usc/49/13102.md?p=1) or the [Secretary](/usc/49/13102.md?p=20), as applicable, under [section 14701(b)](/usc/49/14701.md?p=b) or bring a civil action under [subsection (b)](#b) to enforce liability against a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md).
  - (2) **Order of dot or board.—**
    - (A) **In general.—** When the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, makes an award under [subsection (b)](#b) of this section, the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, shall order the [carrier](/usc/49/13102.md?p=3) to pay the amount awarded by a specific date. The [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, may order a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) to pay damages only when the proceeding is on complaint.
    - (B) **Enforcement by civil action.—** The [person](/usc/49/13102.md?p=18) for whose benefit an order of the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) does not pay the amount awarded by the date payment was ordered to be made.
- (d) **Procedure.—**
  - (1) **In general.—** When a [person](/usc/49/13102.md?p=18) begins a civil action under [subsection (b)](#b) of this section to enforce an order of the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) requiring the payment of damages by a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) of this title, the text of the order of the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) must be included in the complaint. In addition to the district courts of the [United States](/usc/49/13102.md?p=24), a [State](/usc/49/13102.md?p=21) court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the [United States](/usc/49/13102.md?p=24) under this paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.
  - (2) **Parties.—** All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the [United States](/usc/49/13102.md?p=24) under this subsection and all the [carriers](/usc/49/13102.md?p=3) that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.
- (e) **Attorney’s Fees.—** The district court shall award a reasonable attorney’s fee under this section. The district court shall tax and collect that fee as part of the costs of the action.

# §14705. Limitation on actions by and against carriers

- (a) **In General.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) must begin a civil action to recover charges for [transportation](/usc/49/13102.md?p=23) or service provided by the [carrier](/usc/49/13102.md?p=3) within 18 months after the claim accrues.
- (b) **Overcharges.—** A [person](/usc/49/13102.md?p=18) must begin a civil action to recover overcharges within 18 months after the claim accrues. If the claim is against a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) and an election to file a complaint with the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, is made under [section 14704(c)(1)](/usc/49/14704.md?p=c-1), the complaint must be filed within 3 years after the claim accrues.
- (c) **Damages.—** A [person](/usc/49/13102.md?p=18) must file a complaint with the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, to recover damages under [section 14704(b)](/usc/49/14704.md?p=b) within 2 years after the claim accrues.
- (d) **Extensions.—** The limitation periods under [subsection (b)](#b) of this section are extended for 6 months from the time written notice is given to the claimant by the [carrier](/usc/49/13102.md?p=3) of disallowance of any part of the claim specified in the notice if a written claim is given to the [carrier](/usc/49/13102.md?p=3) within those limitation periods. The limitation periods under subsections [(b)](#b) and [(c)](#c) of this section are extended for 90 days from the time the [carrier](/usc/49/13102.md?p=3) begins a civil action under [subsection (a)](#a) to recover charges related to the same [transportation](/usc/49/13102.md?p=23) or service, or collects (without beginning a civil action under that subsection) the charge for that [transportation](/usc/49/13102.md?p=23) or service if that action is begun or collection is made within the appropriate period.
- (e) **Payment.—** A [person](/usc/49/13102.md?p=18) must begin a civil action to enforce an order of the [Board](/usc/49/13102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) against a [carrier](/usc/49/13102.md?p=3) within 1 year after the date of the order.
- (f) **Government Transportation.—** This section applies to [transportation](/usc/49/13102.md?p=23) for the [United States](/usc/49/13102.md?p=24) Government. The time limitations under this section are extended, as related to [transportation](/usc/49/13102.md?p=23) for or on behalf of the [United States](/usc/49/13102.md?p=24) Government, for 3 years from the later of the date of—
  - (1) payment of the rate for the [transportation](/usc/49/13102.md?p=23) or service involved;
  - (2) subsequent refund for overpayment of that rate; or
  - (3) deduction made under [section 3726 of title 31](/usc/31/3726.md).
- (g) **Accrual Date.—** A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the [carrier](/usc/49/13102.md?p=3).

# §14706. Liability of carriers under receipts and bills of lading

- (a) **General Liability.—**
  - (1) **Motor carriers and freight forwarders.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) shall issue a receipt or bill of lading for property it receives for [transportation](/usc/49/13102.md?p=23) under this part. That [carrier](/usc/49/13102.md?p=3) and any other [carrier](/usc/49/13102.md?p=3) that delivers the property and is providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or [chapter 105](/usc/49/chstIV-ptA-ch105.md) are liable to the [person](/usc/49/13102.md?p=18) entitled to recover under the receipt or bill of lading. The liability imposed under this paragraph is for the actual loss or injury to the property caused by (A) the receiving [carrier](/usc/49/13102.md?p=3), (B) the delivering [carrier](/usc/49/13102.md?p=3), or (C) another [carrier](/usc/49/13102.md?p=3) over whose line or route the property is transported in the [United States](/usc/49/13102.md?p=24) or from a place in the [United States](/usc/49/13102.md?p=24) to a place in an adjacent foreign country when transported under a through bill of lading and, except in the case of a [freight forwarder](/usc/49/13102.md?p=8), applies to property reconsigned or diverted under a tariff under [section 13702](/usc/49/13702.md). Failure to issue a receipt or bill of lading does not affect the liability of a [carrier](/usc/49/13102.md?p=3). A delivering [carrier](/usc/49/13102.md?p=3) is deemed to be the [carrier](/usc/49/13102.md?p=3) performing the line-haul [transportation](/usc/49/13102.md?p=23) nearest the destination but does not include a [carrier](/usc/49/13102.md?p=3) providing only a switching service at the destination.
  - (2) **Freight forwarder.—** A [freight forwarder](/usc/49/13102.md?p=8) is both the receiving and delivering [carrier](/usc/49/13102.md?p=3). When a [freight forwarder](/usc/49/13102.md?p=8) provides service and uses a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) to receive property from a consignor, the [motor carrier](/usc/49/13102.md?p=14) may execute the bill of lading or shipping receipt for the [freight forwarder](/usc/49/13102.md?p=8) with its consent. With the consent of the [freight forwarder](/usc/49/13102.md?p=8), a [motor carrier](/usc/49/13102.md?p=14) may deliver property for a [freight forwarder](/usc/49/13102.md?p=8) on the [freight forwarder](/usc/49/13102.md?p=8)’s bill of lading, freight bill, or shipping receipt to the consignee named in it, and receipt for the property may be made on the [freight forwarder](/usc/49/13102.md?p=8)’s delivery receipt.
- (b) **Apportionment.—** The [carrier](/usc/49/13102.md?p=3) issuing the receipt or bill of lading under [subsection (a)](#a) of this section or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the [carrier](/usc/49/13102.md?p=3) over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that [person](/usc/49/13102.md?p=18).
- (c) **Special Rules.—**
  - (1) **Motor carriers.—**
    - (A) **Shipper waiver.—** Subject to the provisions of [subparagraph (B)](#c-1-B), a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may, subject to the provisions of this chapter (including with respect to a [motor carrier](/usc/49/13102.md?p=14), the requirements of [section 13710(a)](/usc/49/13710.md?p=a)), establish rates for the [transportation](/usc/49/13102.md?p=23) of property (other than [household goods](/usc/49/13102.md?p=10) described in [section 13102(10)(A)](/usc/49/13102.md?p=10-A)) under which the liability of the [carrier](/usc/49/13102.md?p=3) for such property is limited to a value established by written or electronic declaration of the shipper or by written agreement between the [carrier](/usc/49/13102.md?p=3) and shipper if that value would be reasonable under the circumstances surrounding the [transportation](/usc/49/13102.md?p=23).
    - (B) **Carrier notification.—** If the [motor carrier](/usc/49/13102.md?p=14) is not required to file its tariff with the [Board](/usc/49/13102.md?p=1), it shall provide under [section 13710(a)(1)](/usc/49/13710.md?p=a-1) to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices upon which any rate applicable to a shipment, or agreed to between the shipper and the [carrier](/usc/49/13102.md?p=3), is based. The copy provided by the [carrier](/usc/49/13102.md?p=3) shall clearly [state](/usc/49/13102.md?p=21) the dates of applicability of the rate, classification, rules, or practices.
    - (C) **Prohibition against collective establishment.—** No discussion, consideration, or approval as to rules to limit liability under this subsection may be undertaken by [carriers](/usc/49/13102.md?p=3) acting under an agreement approved pursuant to [section 13703](/usc/49/13703.md).
  - (2) **Water carriers.—** If loss or injury to property occurs while it is in the custody of a [water carrier](/usc/49/13102.md?p=26), the liability of that [carrier](/usc/49/13102.md?p=3) is determined by its bill of lading and the law applicable to water [transportation](/usc/49/13102.md?p=23). The liability of the initial or delivering [carrier](/usc/49/13102.md?p=3) is the same as the liability of the [water carrier](/usc/49/13102.md?p=26).
- (d) **Civil Actions.—**
  - (1) **Against delivering carrier.—** A civil action under this section may be brought against a delivering [carrier](/usc/49/13102.md?p=3) in a district court of the [United States](/usc/49/13102.md?p=24) or in a [State](/usc/49/13102.md?p=21) court. Trial, if the action is brought in a district court of the [United States](/usc/49/13102.md?p=24) is in a judicial district, and if in a [State](/usc/49/13102.md?p=21) court, is in a [State](/usc/49/13102.md?p=21) through which the defendant [carrier](/usc/49/13102.md?p=3) operates.
  - (2) **Against carrier responsible for loss.—** A civil action under this section may be brought against the [carrier](/usc/49/13102.md?p=3) alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred.
  - (3) **Jurisdiction of courts.—** A civil action under this section may be brought in a [United States](/usc/49/13102.md?p=24) district court or in a [State](/usc/49/13102.md?p=21) court.
  - (4) **Judicial district defined.—** In this section, “judicial district” means—
    - (A) in the case of a [United States](/usc/49/13102.md?p=24) district court, a judicial district of the [United States](/usc/49/13102.md?p=24); and
    - (B) in the case of a [State](/usc/49/13102.md?p=21) court, the applicable geographic area over which such court exercises jurisdiction.
- (e) **Minimum Period for Filing Claims.—**
  - (1) **In general.—** A [carrier](/usc/49/13102.md?p=3) may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the [carrier](/usc/49/13102.md?p=3) gives a [person](/usc/49/13102.md?p=18) written notice that the [carrier](/usc/49/13102.md?p=3) has disallowed any part of the claim specified in the notice.
  - (2) **Special rules.—** For the purposes of this subsection—
    - (A) an offer of compromise shall not constitute a disallowance of any part of the claim unless the [carrier](/usc/49/13102.md?p=3), in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
    - (B) communications received from a [carrier](/usc/49/13102.md?p=3)’s insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reason for such disallowance, and informs the claimant that the insurer is acting on behalf of the [carrier](/usc/49/13102.md?p=3).
- (f) **Limiting Liability of Household Goods Carriers to Declared Value.—**
  - (1) **In general.—** A [carrier](/usc/49/13102.md?p=3) or group of [carriers](/usc/49/13102.md?p=3) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) may petition the [Board](/usc/49/13102.md?p=1) to modify, eliminate, or establish rates for the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) under which the liability of the [carrier](/usc/49/13102.md?p=3) for that property is limited to a value established by written declaration of the shipper or by a written agreement.
  - (2) **Full value protection obligation.—** Unless the [carrier](/usc/49/13102.md?p=3) receives a waiver in writing under [paragraph (3)](#f-3), a [carrier](/usc/49/13102.md?p=3)’s maximum liability for [household goods](/usc/49/13102.md?p=10) that are lost, damaged, destroyed, or otherwise not delivered to the final destination is an amount equal to the replacement value of such goods, subject to a maximum amount equal to the declared value of the shipment and to rules issued by the Surface [Transportation](/usc/49/13102.md?p=23) [Board](/usc/49/13102.md?p=1) and applicable tariffs.
  - (3) **Application of rates.—** The released rates established by the [Board](/usc/49/13102.md?p=1) under [paragraph (1)](#f-1) (commonly known as “released rates”) shall not apply to the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by a [carrier](/usc/49/13102.md?p=3) unless the liability of the [carrier](/usc/49/13102.md?p=3) for the full value of such [household goods](/usc/49/13102.md?p=10) under [paragraph (2)](#f-2) is waived, in writing, by the shipper.
- (g) **Modifications and Reforms.—**
  - (1) **Study.—** The [Secretary](/usc/49/13102.md?p=20) shall conduct a study to determine whether any modifications or reforms should be made to the loss and damage provisions of this section, including those related to limitation of liability by [carriers](/usc/49/13102.md?p=3).
  - (2) **Factors to consider.—** In conducting the study, the [Secretary](/usc/49/13102.md?p=20), at a minimum, shall consider—
    - (A) the efficient delivery of [transportation](/usc/49/13102.md?p=23) services;
    - (B) international and intermodal harmony;
    - (C) the public interest; and
    - (D) the interest of [carriers](/usc/49/13102.md?p=3) and shippers.
  - (3) **Report.—** Not later than 12 months after January 1, 1996, the [Secretary](/usc/49/13102.md?p=20) shall submit to Congress a report on the results of the study, together with any recommendations of the [Secretary](/usc/49/13102.md?p=20) (including legislative recommendations) for implementing modifications or reforms identified by the [Secretary](/usc/49/13102.md?p=20) as being appropriate.

# §14707. Private enforcement of registration requirement

- (a) **In General.—** If a [person](/usc/49/13102.md?p=18) provides [transportation](/usc/49/13102.md?p=23) by [motor vehicle](/usc/49/13102.md?p=16) or service in clear violation of section 13901–13904 or [13906](/usc/49/13906.md), a [person](/usc/49/13102.md?p=18) injured by the [transportation](/usc/49/13102.md?p=23) or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the [person](/usc/49/13102.md?p=18) who violated that section operates.
- (b) **Procedure.—** A copy of the complaint in a civil action under [subsection (a)](#a) shall be served on the [Secretary](/usc/49/13102.md?p=20) and a certificate of service must appear in the complaint filed with the court. The [Secretary](/usc/49/13102.md?p=20) may intervene in a civil action under [subsection (a)](#a). The [Secretary](/usc/49/13102.md?p=20) may notify the district court in which the action is pending that the [Secretary](/usc/49/13102.md?p=20) intends to consider the matter that is the subject of the complaint in a proceeding before the [Secretary](/usc/49/13102.md?p=20). When that notice is filed, the court shall stay further action pending disposition of the proceeding before the [Secretary](/usc/49/13102.md?p=20).
- (c) **Attorney’s Fees.—** In a civil action under [subsection (a)](#a), the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.

# §14708. Dispute settlement program for household goods carriers

- (a) **Offering Shippers Arbitration.—** As a condition of registration under section [13902](/usc/49/13902.md) or [13903](/usc/49/13903.md), a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) must agree to offer in accordance with this section to shippers of [household goods](/usc/49/13102.md?p=10) arbitration as a means of settling disputes between such [carriers](/usc/49/13102.md?p=3) and shippers of [household goods](/usc/49/13102.md?p=10) concerning damage or loss to the [household goods](/usc/49/13102.md?p=10) transported and to determine whether [carrier](/usc/49/13102.md?p=3) charges, in addition to those collected at delivery, must be paid by shippers for [transportation](/usc/49/13102.md?p=23) and services related to [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10).
- (b) **Arbitration Requirements.—**
  - (1) **Prevention of special advantage.—** The arbitration that is offered must be designed to prevent a [carrier](/usc/49/13102.md?p=3) from having any special advantage in any case in which the claimant resides or does business at a place distant from the [carrier](/usc/49/13102.md?p=3)’s principal or other place of business.
  - (2) **Notice of arbitration procedure.—** The [carrier](/usc/49/13102.md?p=3) must provide the shipper an adequate notice of the availability of neutral arbitration, including a concise easy-to-read, accurate summary of the arbitration procedure, any applicable costs, and disclosure of the legal effects of election to utilize arbitration. Such notice must be given to [persons](/usc/49/13102.md?p=18) for whom [household goods](/usc/49/13102.md?p=10) are to be transported by the [carrier](/usc/49/13102.md?p=3) before such goods are tendered to the [carrier](/usc/49/13102.md?p=3) for [transportation](/usc/49/13102.md?p=23).
  - (3) **Provision of forms.—** Upon request of a shipper, the [carrier](/usc/49/13102.md?p=3) must promptly provide such forms and other information as are necessary for initiating an action to resolve a dispute under arbitration.
  - (4) **Independence of arbitrator.—** Each [person](/usc/49/13102.md?p=18) authorized to arbitrate or otherwise settle disputes must be independent of the parties to the dispute and must be capable, as determined under such regulations as the [Secretary](/usc/49/13102.md?p=20) may issue, to resolve such disputes fairly and expeditiously. The [carrier](/usc/49/13102.md?p=3) must ensure that each [person](/usc/49/13102.md?p=18) chosen to settle the disputes is authorized and able to obtain from the shipper or [carrier](/usc/49/13102.md?p=3) any material and relevant information to the extent necessary to carry out a fair and expeditious decisionmaking process.
  - (5) **Apportionment of costs.—** No shipper may be charged more than half of the cost for instituting an arbitration proceeding that is brought under this section. In the decision, the arbitrator may determine which party shall pay the cost or a portion of the cost of the arbitration proceeding, including the cost of instituting the proceeding.
  - (6) **Requests.—** The [carrier](/usc/49/13102.md?p=3) must not require the shipper to agree to utilize arbitration prior to the time that a dispute arises. If the dispute involves a claim for $10,000 or less and the shipper requests arbitration, such arbitration shall be binding on the parties. If the dispute involves a claim for more than $10,000 and the shipper requests arbitration, such arbitration shall be binding on the parties only if the [carrier](/usc/49/13102.md?p=3) agrees to arbitration.
  - (7) **Oral presentation of evidence.—** The arbitrator may provide for an oral presentation of a dispute concerning [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by a party to the dispute (or a party’s representative), but such oral presentation may be made only if all parties to the dispute expressly agree to such presentation and the date, time, and location of such presentation.
  - (8) **Deadline for decision.—** The arbitrator must, as expeditiously as possible but at least within 60 days of receipt of written notification of the dispute, render a decision based on the information gathered; except that, in any case in which a party to the dispute fails to provide in a timely manner any information concerning such dispute which the [person](/usc/49/13102.md?p=18) settling the dispute may reasonably require to resolve the dispute, the arbitrator may extend such 60-day period for a reasonable period of time. A decision resolving a dispute may include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, compensation for damages, and an order requiring the payment of additional [carrier](/usc/49/13102.md?p=3) charges.
- (c) **Limitation on Use of Materials.—** Materials and information obtained in the course of a decision making process to settle a dispute by arbitration under this section may not be used to bring an action under [section 14905](/usc/49/14905.md).
- (d) **Attorney’s Fees to Shippers.—** In any court action to resolve a dispute between a shipper of [household goods](/usc/49/13102.md?p=10) and a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) concerning the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by such [carrier](/usc/49/13102.md?p=3), the shipper shall be awarded reasonable attorney’s fees if—
  - (1) the shipper submits a claim to the [carrier](/usc/49/13102.md?p=3) within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later;
  - (2) the shipper prevails in such court action; and
  - (3)
    - (A) the shipper was not advised by the [carrier](/usc/49/13102.md?p=3) during the claim settlement process that a dispute settlement program was available to resolve the dispute;
    - (B) a decision resolving the dispute was not rendered through arbitration under this section within the period provided under [subsection (b)(8)](#b-8) of this section or an extension of such period under such subsection; or
    - (C) the court proceeding is to enforce a decision rendered through arbitration under this section and is instituted after the period for performance under such decision has elapsed.
- (e) **Attorney’s Fees to Carriers.—** In any court action to resolve a dispute between a shipper of [household goods](/usc/49/13102.md?p=10) and a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23), or service subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) concerning the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by such [carrier](/usc/49/13102.md?p=3), such [carrier](/usc/49/13102.md?p=3) may be awarded reasonable attorney’s fees by the court only if the shipper brought such action in bad faith—
  - (1) after resolution of such dispute through arbitration under this section; or
  - (2) after institution of an arbitration proceeding by the shipper to resolve such dispute under this section but before—
    - (A) the period provided under [subsection (b)(8)](#b-8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends; and
    - (B) a decision resolving such dispute is rendered.
- (f) **Limitation of Applicability to Collect-on-Delivery Transportation.—** The provisions of this section shall apply only in the case of collect-on-delivery [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10).
- (g) **Review by Secretary.—** Not later than 18 months after January 1, 1996, the [Secretary](/usc/49/13102.md?p=20) shall complete a review of the dispute settlement program established under this section. If, after notice and opportunity for comment, the [Secretary](/usc/49/13102.md?p=20) determines that changes are necessary to such program to ensure the fair and equitable resolution of disputes under this section, the [Secretary](/usc/49/13102.md?p=20) shall implement such changes and transmit a report to Congress on such changes.

# §14709. Tariff reconciliation rules for motor carriers of property


Subject to review and approval by the [Board](/usc/49/13102.md?p=1), [motor carriers](/usc/49/13102.md?p=14) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) (other than [motor carriers](/usc/49/13102.md?p=14) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10)) and shippers may resolve, by mutual consent, overcharge and under-charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with [section 13702](/usc/49/13702.md) or, with respect to [transportation](/usc/49/13102.md?p=23) provided before January 1, 1996, sections 10761 and 10762, as in effect on December 31, 1995. Resolution of such claims among the parties shall not subject any party to the penalties for departing from a tariff.


# §14710. Enforcement of Federal laws and regulations with respect to transportation of household goods

- (a) **Enforcement by States.—** Notwithstanding any other provision of this title, a [State authority](#d) may enforce the consumer protection provisions of this title that apply to [individual shippers](/usc/49/13102.md?p=13), as determined by the [Secretary](/usc/49/13102.md?p=20), and are related to the delivery and [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) in interstate commerce. Any fine or penalty imposed on a [carrier](/usc/49/13102.md?p=3) in a proceeding under this subsection shall be paid, notwithstanding any other provision of law, to and retained by the [State](/usc/49/13102.md?p=21).
- (b) **Notice.—** The [State](/usc/49/13102.md?p=21) shall serve written notice to the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as the case may be, of any civil action under [subsection (a)](#a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the [State](/usc/49/13102.md?p=21) to provide such prior notice, the [State](/usc/49/13102.md?p=21) shall provide the notice immediately upon instituting such civil action.
- (c) **Enforcement Assistance Outreach Plan.—** The Federal [Motor Carrier](/usc/49/13102.md?p=14) Safety Administration shall implement an outreach plan to enhance the coordination and effective enforcement of Federal laws and regulations with respect to [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) between and among Federal and [State](/usc/49/13102.md?p=21) law enforcement and consumer protection authorities. The outreach shall include, as appropriate, local law enforcement and consumer protection authorities.
- (d) **State Authority Defined.—** In this section, the term “State authority” means an [agency](/usc/49/114.md?p=n-2-A-i) of a [State](/usc/49/13102.md?p=21) that has authority under the laws of the [State](/usc/49/13102.md?p=21) to regulate the intrastate movement of [household goods](/usc/49/13102.md?p=10).

# §14711. Enforcement by State attorneys general

- (a) **In General.—** A [State](/usc/49/13102.md?p=21), as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the [United States](/usc/49/13102.md?p=24) to enforce the consumer protection provisions of this title that apply to [individual shippers](/usc/49/13102.md?p=13), as determined by the [Secretary](/usc/49/13102.md?p=20), and are related to the delivery and [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) by a [household goods motor carrier](/usc/49/13102.md?p=12-A) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or regulations or orders of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) issued under such provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the [State](/usc/49/13102.md?p=21) has reason to believe that the interests of the residents of the [State](/usc/49/13102.md?p=21) have been or are being threatened or adversely affected by a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or a [foreign motor carrier](/usc/49/13102.md?p=6) providing [transportation](/usc/49/13102.md?p=23) that is registered under [section 13902](/usc/49/13902.md) and is engaged in [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/13102.md?p=23) that violates this part or a regulation or order of the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, issued under this part.
- (b) **Notice and Consent.—**
  - (1) **In general.—** The [State](/usc/49/13102.md?p=21) shall serve written notice to the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as the case may be, of any civil action under [subsection (a)](#a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action.
  - (2) **Conditions.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1)—
    - (A) shall review the initiation of a civil action under this section by a [State](/usc/49/13102.md?p=21) if—
      - (i) the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) that is the subject of the action is not registered with the Department of [Transportation](/usc/49/13102.md?p=23);
      - (ii) the license of the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;
      - (iii) the [carrier](/usc/49/13102.md?p=3) is not rated or has received a conditional or unsatisfactory safety rating by the Department; or
      - (iv) the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) has been licensed with the Department for less than 5 years; and
    - (B) may review if the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) fails to meet criteria developed by the [Secretary](/usc/49/13102.md?p=20) that are consistent with this section.
  - (3) **Congressional notification.—** The [Secretary](/usc/49/13102.md?p=20) shall notify the Committee on Commerce, Science, and [Transportation](/usc/49/13102.md?p=23), of the Senate and the Committee on [Transportation](/usc/49/13102.md?p=23) and Infrastructure of the House of Representatives of any criteria developed by the [Secretary](/usc/49/13102.md?p=20) under [paragraph (2)(B)](#b-2-B).
  - (4) **60-day deadline.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) shall be considered to have consented to any civil action of a [State](/usc/49/13102.md?p=21) under this section if the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) has taken no action with respect to the notice within 60 calendar days after the date on which the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) received notice under [paragraph (1)](#b-1).
- (c) **Authority to Intervene.—** Upon receiving the notice required by [subsection (b)](#b), the [Secretary](/usc/49/13102.md?p=20) or [board](/usc/49/13102.md?p=1) may intervene in a civil action of a [State](/usc/49/13102.md?p=21) under this section and upon intervening—
  - (1) be heard on all matters arising in such civil action; and
  - (2) file petitions for appeal of a decision in such civil actions.
- (d) **Construction.—** For purposes of bringing any civil action under [subsection (a)](#a), nothing in this section shall—
  - (1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or
  - (2) prevent the attorney general of a [State](/usc/49/13102.md?p=21) from exercising the powers conferred on the attorney general by the laws of such [State](/usc/49/13102.md?p=21) to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
- (e) **Venue; Service of Process.—** In a civil action brought under [subsection (a)](#a)—
  - (1) the venue shall be a Federal judicial district in which—
    - (A) the [carrier](/usc/49/13102.md?p=3), [foreign motor carrier](/usc/49/13102.md?p=6), or [broker](/usc/49/13102.md?p=2) operates;
    - (B) the [carrier](/usc/49/13102.md?p=3), [foreign motor carrier](/usc/49/13102.md?p=6), or [broker](/usc/49/13102.md?p=2) was authorized to provide [transportation](/usc/49/13102.md?p=23) at the time the complaint arose; or
    - (C) where the defendant in the civil action is found;
  - (2) process may be served without regard to the territorial limits of the district or of the [State](/usc/49/13102.md?p=21) in which the civil action is instituted; and
  - (3) a [person](/usc/49/13102.md?p=18) who participated with a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the [person](/usc/49/13102.md?p=18).
- (f) **Enforcement of State Law.—** Nothing contained in this section shall prohibit an authorized [State](/usc/49/13102.md?p=21) official from proceeding in [State](/usc/49/13102.md?p=21) court to enforce a criminal statute of such [State](/usc/49/13102.md?p=21).

# §14901. General civil penalties

- (a) **Reporting and Recordkeeping.—** A [person](/usc/49/13102.md?p=18) required to make a report to the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), answer a question, or make, prepare, or preserve a record under this part concerning [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or [transportation](/usc/49/13102.md?p=23) by a foreign [carrier](/usc/49/13102.md?p=3) registered under [section 13902](/usc/49/13902.md), or an officer, agent, or employee of that [person](/usc/49/13102.md?p=18) that—
  - (1) does not make the report;
  - (2) does not specifically, completely, and truthfully answer the question;
  - (3) does not make, prepare, or preserve the record in the form and manner prescribed;
  - (4) does not comply with [section 13901](/usc/49/13901.md); or
  - (5) does not comply with [section 13902(c)](/usc/49/13902.md?p=c);

  is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not less than $1,000 for each violation and for each additional day the violation continues; except that, in the case of a [person](/usc/49/13102.md?p=18) or an officer, agent, or employee of such [person](/usc/49/13102.md?p=18), that does not comply with [section 13901](/usc/49/13901.md) or [section 13902(c) of this title](/usc/49/13902.md?p=c), the amount of the civil penalty shall not be less than $10,000 for each violation, or $25,000 for each violation relating to providing [transportation](/usc/49/13102.md?p=23) of passengers.

- (b) **Transportation of Hazardous Wastes.—** A [person](/usc/49/13102.md?p=18) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md), or an officer, agent, or employee of that [person](/usc/49/13102.md?p=18), and who is required to comply with [section 13901 of this title](/usc/49/13901.md) but does not so comply with respect to the [transportation](/usc/49/13102.md?p=23) of hazardous wastes as defined by the Environmental Protection [Agency](/usc/49/114.md?p=n-2-A-i) pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Congress) shall be liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty not less than $20,000, but not to exceed $40,000 for each violation.
- (c) **Factors To Consider in Determining Amount.—** In determining and negotiating the amount of a civil penalty under subsection [(a)](#a) or [(d)](#d) concerning [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10), the degree of culpability, any history of prior such conduct, the degree of harm to shipper or shippers, ability to pay, the effect on ability to do business, whether the shipper has been adequately compensated before institution of the proceeding, and such other matters as fairness may require shall be taken into account.
- (d) **Protection of Household Goods Shippers.—**
  - (1) **In general.—** If a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or a receiver or trustee of such [carrier](/usc/49/13102.md?p=3) fails or refuses to comply with any regulation issued by the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) relating to protection of [individual shippers](/usc/49/13102.md?p=13), such [carrier](/usc/49/13102.md?p=3), receiver, or trustee is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not less than $1,000 for each violation and for each additional day during which the violation continues.
  - (2) **Estimate of broker without carrier agreement.—** If a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) makes an estimate of the cost of transporting any such goods before entering into an agreement with a [carrier](/usc/49/13102.md?p=3) to provide [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to such jurisdiction, the [broker](/usc/49/13102.md?p=2) is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not less than $10,000 for each violation.
  - (3) **Unauthorized transportation.—** If a [person](/usc/49/13102.md?p=18) provides [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or provides [broker](/usc/49/13102.md?p=2) services for such [transportation](/usc/49/13102.md?p=23) without being registered under [chapter 139](/usc/49/chstIV-ptB-ch139.md) to provide such [transportation](/usc/49/13102.md?p=23) or services as a [motor carrier](/usc/49/13102.md?p=14) or [broker](/usc/49/13102.md?p=2), as the case may be, such [person](/usc/49/13102.md?p=18) is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not less than $25,000 for each violation.
- (e) **Violation Relating to Transportation of Household Goods.—** Any [person](/usc/49/13102.md?p=18) that knowingly engages in or knowingly authorizes an agent or other [person](/usc/49/13102.md?p=18)—
  - (1) to falsify documents used in the [transportation](/usc/49/13102.md?p=23) of [household goods](/usc/49/13102.md?p=10) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) which evidence the weight of a shipment; or
  - (2) to charge for accessorial services which are not performed or for which the [carrier](/usc/49/13102.md?p=3) is not entitled to be compensated in any case in which such services are not reasonably necessary in the safe and adequate movement of the shipment;

  is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not less than $2,000 for each violation and of not less than $5,000 for each subsequent violation. Any [State](/usc/49/13102.md?p=21) may bring a civil action in the [United States](/usc/49/13102.md?p=24) district courts to compel a [person](/usc/49/13102.md?p=18) to pay a civil penalty assessed under this subsection.

- (f) **Venue.—** Trial in a civil action under [subsections (a) through (e)](#a..e) of this section is in the judicial district in which—
  - (1) the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) has its principal office;
  - (2) the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) was authorized to provide [transportation](/usc/49/13102.md?p=23) or service under this part when the violation occurred;
  - (3) the violation occurred; or
  - (4) the offender is found.

  Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.

- (g) **Business Entertainment Expenses.—**
  - (1) **In general.—** Any business entertainment expense incurred by a [water carrier](/usc/49/13102.md?p=26) providing [transportation](/usc/49/13102.md?p=23) subject to this part shall not constitute a violation of this part if that expense would not be unlawful if incurred by a [person](/usc/49/13102.md?p=18) not subject to this part.
  - (2) **Cost of service.—** Any business entertainment expense subject to [paragraph (1)](#g-1) that is paid or incurred by a [water carrier](/usc/49/13102.md?p=26) providing [transportation](/usc/49/13102.md?p=23) subject to this part shall not be taken into account in determining the cost of service or the rate base for purposes of [section 13702](/usc/49/13702.md).
- (h) **Settlement of Civil Penalties.—** Nothing in this section shall be construed to prohibit the [Secretary](/usc/49/13102.md?p=20) from accepting partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.

# §14902. Civil penalty for accepting rebates from carrier


A [person](/usc/49/13102.md?p=18)—

- (1) delivering property to a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) for [transportation](/usc/49/13102.md?p=23) under this part or for whom that [carrier](/usc/49/13102.md?p=3) will transport the property as consignor or consignee for that [person](/usc/49/13102.md?p=18) from a [State](/usc/49/13102.md?p=21) or territory or possession of the [United States](/usc/49/13102.md?p=24) to another [State](/usc/49/13102.md?p=21) or possession, territory, or to a foreign country; and
- (2) knowingly accepting or receiving by any means a rebate or offset against the rate for [transportation](/usc/49/13102.md?p=23) for, or service of, that property contained in a tariff required under [section 13702](/usc/49/13702.md);

is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty in an amount equal to 3 times the amount of money that [person](/usc/49/13102.md?p=18) accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the [person](/usc/49/13102.md?p=18) during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.


# §14903. Tariff violations

- (a) **Civil Penalty for Undercharging and Overcharging.—** A [person](/usc/49/13102.md?p=18) that offers, grants, gives, solicits, accepts, or receives by any means [transportation](/usc/49/13102.md?p=23) or service provided for property by a [carrier](/usc/49/13102.md?p=3) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) at a rate different than the rate in effect under [section 13702](/usc/49/13702.md) is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $100,000 for each violation.
- (b) **General Criminal Penalty.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to jurisdiction under that chapter, that willfully does not observe its tariffs as required under [section 13702](/usc/49/13702.md), shall be fined under [title 18](/usc/18.md) or imprisoned not more than 2 years, or both.
- (c) **Actions of Agents and Employees.—** When acting in the scope of their employment, the actions and omissions of [persons](/usc/49/13102.md?p=18) acting for or employed by a [carrier](/usc/49/13102.md?p=3) or shipper that is subject to this section are considered to be the actions and omissions of that [carrier](/usc/49/13102.md?p=3) or shipper as well as that [person](/usc/49/13102.md?p=18).
- (d) **Venue.—** Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the [transportation](/usc/49/13102.md?p=23) is conducted.

# §14904. Additional rate violations

- (a) **Rebates by Agents.—** A [person](/usc/49/13102.md?p=18), or an officer, employee, or agent of that [person](/usc/49/13102.md?p=18), that—
  - (1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to [motor carrier](/usc/49/13102.md?p=14) [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md); or
  - (2) by any means assists or permits another [person](/usc/49/13102.md?p=18) to get [transportation](/usc/49/13102.md?p=23) that is subject to jurisdiction under that subchapter at less than the rate in effect for that [transportation](/usc/49/13102.md?p=23) under [section 13702](/usc/49/13702.md),

  is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of $200 for the first violation and $250 for a subsequent violation.

- (b) **Undercharging.—**
  - (1) **Freight forwarder.—** A [freight forwarder](/usc/49/13102.md?p=8) providing service subject to jurisdiction under subchapter III of [chapter 135](/usc/49/chstIV-ptB-ch135.md), or an officer, agent, or employee of that [freight forwarder](/usc/49/13102.md?p=8), that assists a [person](/usc/49/13102.md?p=18) in getting, or willingly permits a [person](/usc/49/13102.md?p=18) to get, service provided under that subchapter at less than the rate in effect for that service under [section 13702](/usc/49/13702.md), is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
  - (2) **Others.—** A [person](/usc/49/13102.md?p=18) that by any means gets, or attempts to get, service provided under subchapter III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) at less than the rate in effect for that service under [section 13702](/usc/49/13702.md), is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

# §14905. Penalties for violations of rules relating to loading and unloading motor vehicles

- (a) **Civil Penalties.—** Whoever knowingly authorizes, consents to, or permits a violation of subsection [(a)](/usc/49/14103.md?p=a) or [(b)](/usc/49/14103.md?p=b) of section 14103 or who knowingly violates [subsection (a)](#a) of such section is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $10,000 for each violation.
- (b) **Criminal Penalties.—** Whoever knowingly violates [section 14103(b) of this title](/usc/49/14103.md?p=b) shall be fined under [title 18](/usc/18.md) or imprisoned not more than 2 years, or both.

# §14906. Evasion of regulation of carriers and brokers


A [person](/usc/49/13102.md?p=18), or an officer, employee, or agent of that [person](/usc/49/13102.md?p=18), that by any means tries to evade regulation provided under this part for [carriers](/usc/49/13102.md?p=3) or [brokers](/usc/49/13102.md?p=2) is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of at least $2,000 for the first violation and at least $5,000 for a subsequent violation, and may be subject to criminal penalties.


# §14907. Recordkeeping and reporting violations


A [person](/usc/49/13102.md?p=18) required to make a report to the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1), as applicable, answer a question, or make, prepare, or preserve a record under this part about [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md), or an officer, agent, or employee of that [person](/usc/49/13102.md?p=18), that—

- (1) does not make that report;
- (2) does not specifically, completely, and truthfully answer that question in 30 days from the date the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1), as applicable, requires the question to be answered;
- (3) does not make, prepare, or preserve that record in the form and manner prescribed;
- (4) falsifies, destroys, mutilates, or changes that report or record;
- (5) files a false report or record;
- (6) makes a false or incomplete entry in that record about a business related fact or transaction; or
- (7) makes, prepares, or preserves a record in violation of an applicable regulation or order of the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/13102.md?p=1);

is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $5,000.


# §14908. Unlawful disclosure of information

- (a) **Disclosure of Shipment and Routing Information.—**
  - (1) **Violations.—** A [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under subchapter I, II, or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or an officer, receiver, trustee, lessee, or employee of that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2), or another [person](/usc/49/13102.md?p=18) authorized by that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) to receive information from that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) may not disclose to another [person](/usc/49/13102.md?p=18), except the shipper or consignee, and a [person](/usc/49/13102.md?p=18) may not solicit, or receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/13102.md?p=23) provided under this part without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
  - (2) **Penalty.—** A [person](/usc/49/13102.md?p=18) violating paragraph (1) of this subsection is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of not more than $2,000.
- (b) **Limitation on Statutory Construction.—** This part does not prevent a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/13102.md?p=23) subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) from giving information—
  - (1) in response to legal process issued under authority of a court of the [United States](/usc/49/13102.md?p=24) or a [State](/usc/49/13102.md?p=21);
  - (2) to an officer, employee, or agent of the [United States](/usc/49/13102.md?p=24) Government, a [State](/usc/49/13102.md?p=21), or a territory or possession of the [United States](/usc/49/13102.md?p=24); or
  - (3) to another [carrier](/usc/49/13102.md?p=3) or its agent to adjust mutual traffic accounts in the ordinary course of business.

# §14909. Disobedience to subpoenas


Whoever does not obey a subpoena or requirement of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/13102.md?p=1) to appear and testify or produce records shall be fined under [title 18](/usc/18.md) or imprisoned not more than 1 year, or both.


# §14910. General civil penalty when specific penalty not provided


When another civil penalty is not provided under this chapter, a [person](/usc/49/13102.md?p=18) that violates a provision of this part or a regulation or order prescribed under this part, or a condition of a registration under this part related to [transportation](/usc/49/13102.md?p=23) that is subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md) or a condition of a registration of a [foreign motor carrier](/usc/49/13102.md?p=6) or [foreign motor private carrier](/usc/49/13102.md?p=7) under [section 13902](/usc/49/13902.md), is liable to the [United States](/usc/49/13102.md?p=24) for a civil penalty of $500 for each violation. A separate violation occurs each day the violation continues.


# §14911. Punishment of corporation for violations committed by certain individuals


An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/13102.md?p=23) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV-ptB-ch135.md) that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that [carrier](/usc/49/13102.md?p=3) are considered to be the actions and omissions of that [carrier](/usc/49/13102.md?p=3) as well as that individual.


# §14912. Weight-bumping in household goods transportation

- (a) **Weight-Bumping Defined.—** For the purposes of this section, “weight-bumping” means the knowing and willful making or securing of a fraudulent weight on a shipment of [household goods](/usc/49/13102.md?p=10) which is subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV-ptB-ch135.md).
- (b) **Penalty.—** Whoever has been found to have committed weight-bumping shall be fined under [title 18](/usc/18.md) or imprisoned not more than 2 years, or both.

# §14913. Conclusiveness of rates in certain prosecutions


When a [carrier](/usc/49/13102.md?p=3) publishes or files a particular rate under [section 13702](/usc/49/13702.md) or participates in such a rate, the published or filed rate is conclusive proof against that [carrier](/usc/49/13102.md?p=3), its officers, and agents that it is the legal rate for that [transportation](/usc/49/13102.md?p=23) or service in a proceeding begun under section [14902](/usc/49/14902.md) or [14903](/usc/49/14903.md). A departure, or offer to depart, from that published or filed rate is a violation of those sections.