H. R. 2539—108
such disallowance, and informs the claimant that the
insurer is acting on behalf of the carrier.
‘‘(f) LIMITING LIABILITY OF HOUSEHOLD GOODS CARRIERS TO
DECLARED VALUE.—A carrier or group of carriers subject to jurisdic-
tion under subchapter I or III of chapter 135 may petition the
Board to modify, eliminate, or establish rates for the transportation
of household goods under which the liability of the carrier for
that property is limited to a value established by written declaration
of the shipper or by a written agreement.
‘‘(g) MODIFICATIONS AND REFORMS.—
‘‘(1) STUDY.—The Secretary shall conduct a study to deter-
mine 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.
‘‘(2) FACTORS TO CONSIDER.—In conducting the study, the
Secretary, at a minimum, shall consider—
‘‘(A) the efficient delivery of transportation services;
‘‘(B) international and intermodal harmony;
‘‘(C) the public interest; and
‘‘(D) the interest of carriers and shippers.
‘‘(3) REPORT.—Not later than 12 months after the effective
date of this section, the Secretary shall submit to Congress
a report on the results of the study, together with any rec-
ommendations of the Secretary (including legislative rec-
ommendations) for implementing modifications or reforms
identified by the Secretary as being appropriate.
‘‘§ 14707. Private enforcement of registration requirement
‘‘(a) IN GENERAL.—If a person provides transportation by motor
vehicle or service in clear violation of section 13901–13904 or 13906,
a person injured by the transportation 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
who violated that section operates.
‘‘(b) PROCEDURE.—A copy of the complaint in a civil action
under subsection (a) shall be served on the Secretary and a certifi-
cate of service must appear in the complaint filed with the court.
The Secretary may intervene in a civil action under subsection
(a). The Secretary may notify the district court in which the action
is pending that the Secretary intends to consider the matter that
is the subject of the complaint in a proceeding before the Secretary.
When that notice is filed, the court shall stay further action pending
disposition of the proceeding before the Secretary.
‘‘(c) ATTORNEY’S FEES.—In a civil action under subsection (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 reg-
istration under section 13902 or 13903, a carrier providing transpor-
tation of household goods subject to jurisdiction under subchapter
I or III of chapter 135 must agree to offer in accordance with
this section to shippers of household goods arbitration as a means
of settling disputes between such carriers and shippers of household
goods concerning damage or loss to the household goods transported.
H. R. 2539—109
‘‘(b) ARBITRATION REQUIREMENTS.—
‘‘(1) PREVENTION OF SPECIAL ADVANTAGE.—The arbitration
that is offered must be designed to prevent a carrier from
having any special advantage in any case in which the claimant
resides or does business at a place distant from the carrier’s
principal or other place of business.
‘‘(2) NOTICE OF ARBITRATION PROCEDURE.—The carrier 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 arbitra-
tion. Such notice must be given to persons for whom household
goods are to be transported by the carrier before such goods
are tendered to the carrier for transportation.
‘‘(3) PROVISION OF FORMS.—Upon request of a shipper, the
carrier 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 author-
ized to arbitrate or otherwise settle disputes must be independ-
ent of the parties to the dispute and must be capable, as
determined under such regulations as the Secretary may issue,
to resolve such disputes fairly and expeditiously. The carrier
must ensure that each person chosen to settle the disputes
is authorized and able to obtain from the shipper or carrier
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 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 $1,000 or less and
the shipper requests arbitration, such arbitration shall be bind-
ing on the parties. If the dispute involves a claim for more
than $1,000 and the shipper requests arbitration, such arbitra-
tion shall be binding on the parties only if the carrier agrees
to arbitration.
‘‘(7) ORAL PRESENTATION OF EVIDENCE.—The arbitrator may
provide for an oral presentation of a dispute concerning
transportation of household goods 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 set-
tling 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
H. R. 2539—110
any remedies appropriate under the circumstances, including
repair, replacement, refund, reimbursement for expenses, and
compensation for damages.
‘‘(c) LIMITATION ON USE OF MATERIALS.—Materials and informa-
tion 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.
‘‘(d) ATTORNEY’S FEES TO SHIPPERS.—In any court action to
resolve a dispute between a shipper of household goods and a
carrier providing transportation or service subject to jurisdiction
under subchapter I or III of chapter 135 concerning the transpor-
tation of household goods by such carrier, the shipper shall be
awarded reasonable attorney’s fees if—
‘‘(1) the shipper submits a claim to the carrier 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) a decision resolving the dispute was not rendered
through arbitration under this section within the period pro-
vided under subsection (b)(8) of this section or an extension
of such period under such subsection; or
‘‘(B) 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 and a
carrier providing transportation, or service subject to jurisdiction
under subchapter I or III of chapter 135 concerning the transpor-
tation of household goods by such carrier, such carrier 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) 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 of household goods.
‘‘(g) REVIEW BY SECRETARY.—Not later than 18 months after
the effective date of this section, the Secretary shall complete a
review of the dispute settlement program established under this
section. If, after notice and opportunity for comment, the Secretary
determines that changes are necessary to such program to ensure
the fair and equitable resolution of disputes under this section,
the Secretary 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, motor carriers
subject to jurisdiction under subchapter I of chapter 135 (other
than motor carriers providing transportation of household goods)
and shippers may resolve, by mutual consent, overcharge and
H. R. 2539—111
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 or, with respect to transportation
provided before the effective date of this section, sections 10761
and 10762, as in effect on the day before the effective date of
this section. Resolution of such claims among the parties shall
not subject any party to the penalties for departing from a tariff.
‘‘CHAPTER 149—CIVIL AND CRIMINAL
PENALTIES
Sec.
‘‘14901. General civil penalties.
‘‘14902. Civil penalty for accepting rebates from carrier.
‘‘14903. Tariff violations.
‘‘14904. Additional rate violations.
‘‘14905. Penalties for violations of rules relating to loading and unloading motor ve-
hicles.
‘‘14906. Evasion of regulation of carriers and brokers.
‘‘14907. Recordkeeping and reporting violations.
‘‘14908. Unlawful disclosure of information.
‘‘14909. Disobedience to subpoenas.
‘‘14910. General civil penalty when specific penalty not provided.
‘‘14911. Punishment of corporation for violations committed by certain individuals.
‘‘14912. Weight-bumping in household goods transportation.
‘‘14913. Conclusiveness of rates in certain prosecutions.
‘‘14914. Civil penalty procedures.
‘‘§ 14901. General civil penalties
‘‘(a) REPORTING AND RECORDKEEPING.—A person required to
make a report to the Secretary or the Board, answer a question,
or make, prepare, or preserve a record under this part concerning
transportation subject to jurisdiction under subchapter I or III
of chapter 135 or transportation by a foreign carrier registered
under section 13902, or an officer, agent, or employee of that person
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; or
‘‘(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less than
$500 for each violation and for each additional day the violation
continues; except that, in the case of a person who is not registered
under this part to provide transportation of passengers, or an
officer, agent, or employee of such person, that does not comply
with section 13901 with respect to providing transportation of pas-
sengers, the amount of the civil penalty shall not be less than
$2,000 for each violation and for each additional day the violation
continues.
‘‘(b) TRANSPORTATION OF HAZARDOUS WASTES.—A person sub-
ject to jurisdiction under subchapter I of chapter 135, or an officer,
agent, or employee of that person, and who is required to comply
with section 13901 of this title but does not so comply with respect
to the transportation of hazardous wastes as defined by the Environ-
mental Protection Agency pursuant to section 3001 of the Solid
Waste Disposal Act (but not including any waste the regulation