---
kind: "section"
citation: "49 U.S.C. § 13907"
title: "49"
title_heading: "Transportation"
number: "13907"
heading: "Household goods agents"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/13907"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders"
  - "Chapter 139 — Registration"
---

# §13907. Household goods agents

- (a) **Carriers Responsible for Agents.—** Each [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) services (including accessorial and terminal services) under the authority of a [motor carrier](/usc/49/13102.md?p=14) providing [transportation](/usc/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) or provision of services incidental to the [transportation](/usc/49/10102.md?p=9) 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/49/10102.md?p=10) 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/49/10102.md?p=9) 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](/usc/49/10102.md?p=7) for the [transportation](/usc/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) 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/49/10102.md?p=9) of [household goods](/usc/49/13102.md?p=10) by an agent or membership on the [board](/usc/49/10102.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/49/10102.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/49/10102.md?p=9)” means [transportation](/usc/49/10102.md?p=9) 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.

## Source credit

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 887; amended Pub. L. 104–287, § 5(35), Oct. 11, 1996, 110 Stat. 3392.)

## Notes

### Historical and Revision Notes

### Pub. L. 104–287

This amends 49:13907(e)(1) and (2) for clarity and consistency.

### Editorial Notes

### References in Text

Section 10102(11) of this title, referred to in subsec. (e)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.

Subchapter II of chapter 105 of this title, referred to in subsec. (e)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

### Prior Provisions

Provisions similar to those in this section were contained in section 10934 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

### Amendments

1996—Subsec. (e)(1). Pub. L. 104–287, § 5(35)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.

Subsec. (e)(2). Pub. L. 104–287, § 5(35)(B), substituted “December 31, 1995” for “the day before such effective date”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

### Abolition of Interstate Commerce Commission

Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.