dreamproit/uscode huggingface dataset:
49 U.S.C. § 13501 (TRANSPORTATION)
§ 13501. General jurisdiction
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 859.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10521 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Chapter 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 701 of this title.
49 U.S.C. § 13502 (TRANSPORTATION)
§ 13502. Exempt transportation between Alaska and other States
To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 13501 is provided in a foreign country—
(1) neither the Secretary nor the Board has jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but
(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this part related to rates and practices applicable to the transportation.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 859.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10522 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13503 (TRANSPORTATION)
§ 13503. Exempt motor vehicle transportation in terminal areas
(a) Transportation by Carriers.—
(1) In general.—
Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—
(A) is a transfer, collection, or delivery;
(B) is provided by—
(i) a rail carrier subject to jurisdiction under chapter 105;
(ii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iii) a freight forwarder subject to jurisdiction under subchapter III of this chapter; and
(C) is incidental to transportation or service provided by the carrier or freight forwarder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter.
(2) Applicability of other provisions.—
Transportation exempt from jurisdiction under paragraph (1) of this subsection is subject to jurisdiction under chapter 105 when provided by such a rail carrier, under subchapter II of this chapter when provided by such a water carrier, and under subchapter III of this chapter when provided by such a freight forwarder.
(b) Transportation by Agent.—
(1) In general.—
Except to the extent provided by paragraph (2) of this subsection, neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—
(A) is a transfer, collection, or delivery; and
(B) is provided by a person as an agent or under other arrangement for—
(i) a rail carrier subject to jurisdiction under chapter 105 of this title;
(ii) a motor carrier subject to jurisdiction under this subchapter;
(iii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iv) a freight forwarder subject to jurisdiction under subchapter III of this chapter.
(2) Treatment of transportation by principal.—
Transportation exempt from jurisdiction under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the freight forwarder for whom the transportation was provided and is subject to jurisdiction under chapter 105 of this title when provided for such a rail carrier, under this subchapter when provided for such a motor carrier, under subchapter II of this chapter when provided for such a water carrier, and under subchapter III of this chapter when provided for such a freight forwarder.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 860.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10523 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13504 (TRANSPORTATION)
§ 13504. Exempt motor carrier transportation entirely in one State
Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from jurisdiction under this section and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt under section 13503 of this title.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 860.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10525 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13505 (TRANSPORTATION)
§ 13505. Transportation furthering a primary business
(a) In General.—
Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when—
(1) the property is transported by a person engaged in a business other than transportation; and
(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.
(b) Corporate Families.—
(1) In general.—
Neither the Secretary nor the Board has jurisdiction under this part over transportation of property by motor vehicle for compensation provided by a person 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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 861.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10524 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13507 (TRANSPORTATION)
§ 13507. Mixed loads of regulated and unregulated property
A motor carrier of property providing transportation exempt from jurisdiction under paragraph (6), (8), (11), (12), or (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 is authorized to transport under a registration issued under section 13902(a). Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such registration.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 863.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10528 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13521 (TRANSPORTATION)
§ 13521. General jurisdiction
(a) General Rules.—
The Secretary and the Board have jurisdiction over transportation insofar as water carriers are concerned—
(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) by water carrier and motor carrier from a place in a State to a place in another State; except that if part of the transportation is outside the United States, the Secretary only has jurisdiction over that part of the transportation provided—
(A) by motor carrier that is in the United States; and
(B) by water carrier that is from a place in the United States to another place in the United States; and
(3) by water carrier or by water carrier and motor carrier between a place in the United States and a place outside the United States, to the extent that—
(A) when the transportation is by motor carrier, the transportation is provided in the United States;
(B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and
(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.
(b) Definitions.—
In this section, the terms “State” and “United States” include the territories and possessions of the United States.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 865.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10541 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13531 (TRANSPORTATION)
§ 13531. General jurisdiction
(a) In General.—
The Secretary and the Board have jurisdiction, as specified in this part, over service that a freight forwarder undertakes to provide, or is authorized or required under this part to provide, to the extent transportation is provided in the United States and is between—
(1) a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) a place in a State and another place in the same State through a place outside the State; or
(3) a place in the United States and a place outside the United States.
(b) Exemption of Certain Air Carrier Service.—
Neither the Secretary nor the Board has jurisdiction under subsection (a) of this section over service undertaken by a freight forwarder using transportation of an air carrier subject to part A of subtitle VII of this title.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 865.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10561 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13541 (TRANSPORTATION)
§ 13541. Authority to exempt transportation or services
(a) In General.—
In any matter subject to jurisdiction under this part, the Secretary or the Board, as applicable, shall exempt a person, class of persons, 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, class, transaction, or service, when the Secretary or Board finds that the application of that provision—
(1) is not necessary to carry out the transportation policy of section 13101;
(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 or Board, as applicable, may, where appropriate, begin a proceeding under this section on the Secretary’s or Board’s own initiative or on application by an interested party.
(c) Period of Exemption.—
The Secretary or Board, as applicable, may specify the period of time during which an exemption granted under this section is effective.
(d) Revocation.—
The Secretary or Board, as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 13101.
(e) Limitations.—
(1) In general.—
The exemption authority under this section may not be used to relieve a person 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 or 14302 or not terminated under section 13907(d)(2).
(2) Water carriers.—
The Secretary or Board, as applicable, may not exempt a water carrier from the application of, or compliance with, section 13701 or 13702 for transportation in the non-contiguous domestic trade.
(f) Continuation of Certain Existing Exemptions for Water Carriers.—
The Secretary or Board, as applicable, shall not regulate or exercise jurisdiction under this part over the transportation by water carrier 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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 866.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Abolition of Interstate Commerce Commission
text: Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 13704 (TRANSPORTATION)
§ 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 providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish a rate for the transportation of household goods which is based on the carrier’s written, binding estimate of charges for providing such transportation.
(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 providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish rates for the transportation of household goods which guarantee that the carrier will pick up and deliver such household goods at the times specified in the contract for such services and provide a penalty or per diem payment in the event the carrier fails to pick up or deliver such household goods 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 may establish a rate for any service under paragraph (1) of this subsection, the Secretary may require such carrier to have in effect and keep in effect, during any period such rate is in effect under paragraph (1), a rate for such service which does not guarantee the pick up and delivery of household goods 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 fails to pick up or deliver household goods at the specified time.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 872.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10735 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13705 (TRANSPORTATION)
§ 13705. Requirements for through routes among motor carriers of passengers
(a) Establishment; Reasonableness.—
A motor carrier providing transportation of passengers subject to jurisdiction under subchapter I of chapter 135 shall establish through routes with other carriers 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 finds it necessary to enforce the requirements of this section, the Board may prescribe through routes and the conditions under which those routes must be operated for motor carriers providing transportation of passengers subject to jurisdiction under subchapter I of chapter 135.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 872.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 10703 and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13706 (TRANSPORTATION)
§ 13706. Liability for payment of rates
(a) Liability of Consignee.—
Liability for payment of rates for transportation 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 is provided by motor carrier under this part. When the shipper or consignor instructs the carrier 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 before delivery of the property—
(1) of the agency 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), 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 in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the carrier erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 872.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13707 (TRANSPORTATION)
§ 13707. Payment of rates
(a) Transfer of Possession Upon Payment.—
Except as provided in subsection (b), a carrier providing transportation 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 or service is made.
(b) Exceptions.—
(1) Regulations.—
Under regulations of the Secretary governing the payment for transportation and service and preventing discrimination, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Secretary may provide for weekly or monthly payment for transportation provided by motor carriers and for periodic payment for transportation provided by water carriers.
(2) Extensions of credit to governmental entities.—
Such a carrier (including a motor carrier being used by a household goods freight forwarder) may extend credit for transporting property for the United States Government, a State, a territory or possession of the United States, or a political subdivision of any of them.
(3) Shipments of household goods.—
(A) In general.—
A carrier providing transportation of a shipment of household goods shall give up possession of the household goods being transported at the destination upon payment of—
(i) 100 percent of the charges contained in a binding estimate provided by the carrier;
(ii) not more than 110 percent of the charges contained in a nonbinding estimate provided by the carrier; 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) Calculation of prorated charges.—
For purposes of subparagraph (A)(iii), the prorated percentage of the charges shall be the percentage of the total charges due to the carrier as described in clause (i) or (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) 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) does not apply to impracticable operations, as defined by the applicable carrier 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 presents its freight bill.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 873; amended Pub. L. 109–59, title IV, § 4203, Aug. 10, 2005, 119 Stat. 1752.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10743 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 2005—Subsec. (b)(3). Pub. L. 109–59 added par. (3).
49 U.S.C. § 13708 (TRANSPORTATION)
§ 13708. Billing and collecting practices
(a) Disclosure.—
A motor carrier subject to jurisdiction under subchapter I of chapter 135 shall disclose, when a document is presented or electronically transmitted for payment to the person responsible directly to the motor carrier for payment or agent of such responsible person, the actual rates, charges, or allowances for any transportation 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 may cause a motor carrier 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 arrangement, such as tendering a volume of freight over a stated period of time, the motor carrier shall indicate in any document presented for payment to the person responsible directly to the motor carrier that a reduction, allowance, or other adjustment may apply.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 873.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10767 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).