US (United States) Code. Title 49. Subtitle IV. Part B. Chapter 149: Civil and criminal penalties

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 22 páginas
publicidad
cursos destacados
Iníciate en LOGIC PRO 9
Iníciate en LOGIC PRO 9
Vamos a ver de manera muy sencilla y en un breve paseo de poco más de una hora como funciona uno de los...
Ver más información

Cómo montar un Ordenador
Cómo montar un Ordenador
En este curso te guiamos de una forma muy práctica y gráfica, para que puedas realizar el montaje de tu...
Ver más información

publicidad

-CITE-

49 USC CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-MISC1-

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 vehicles.

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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 521, 13709, 13905 of

this title.

-End-

-CITE-

49 USC Sec. 14901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14901. General civil penalties

-STATUTE-

(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 passengers, 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 subject 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

Environmental Protection Agency 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 for a

civil penalty not to exceed $20,000 for each violation.

(c) Factors To Consider in Determining Amount. - In determining

and negotiating the amount of a civil penalty under subsection (a)

or (d) concerning transportation of household goods, 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. - If a carrier

providing transportation of household goods subject to jurisdiction

under subchapter I or III of chapter 135 or a receiver or trustee

of such carrier fails or refuses to comply with any regulation

issued by the Secretary or the Board relating to protection of

individual shippers, such carrier, receiver, or trustee is liable

to the United States for a civil penalty of not less than $1,000

for each violation and for each additional day during which the

violation continues.

(e) Violation Relating to Transportation of Household Goods. -

Any person that knowingly engages in or knowingly authorizes an

agent or other person -

(1) to falsify documents used in the transportation of

household goods subject to jurisdiction under subchapter I or III

of chapter 135 which evidence the weight of a shipment; or

(2) to charge for accessorial services which are not performed

or for which the carrier 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 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 may bring a civil action in the

United States district courts to compel a person to pay a civil

penalty assessed under this subsection.

(f) Venue. - Trial in a civil action under subsections (a)

through (e) of this section is in the judicial district in which -

(1) the carrier or broker has its principal office;

(2) the carrier or broker was authorized to provide

transportation 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 providing transportation subject to this part

shall not constitute a violation of this part if that expense

would not be unlawful if incurred by a person not subject to this

part.

(2) Cost of service. - Any business entertainment expense

subject to paragraph (1) that is paid or incurred by a water

carrier providing transportation 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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

913.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (b), is

title II of Pub. L. 89-272, as amended generally by Pub. L. 94-580,

Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally

to chapter 82 (Sec. 6901 et seq.) of Title 42, The Public Health

and Welfare. Section 3001 of the Act is classified to section 6921

of Title 42. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 10751 and 11901 of this title prior to the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

EFFECTIVE DATE

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.

FOREIGN MOTOR CARRIER PENALTIES AND DISQUALIFICATIONS

Pub. L. 106-159, title II, Sec. 219, Dec. 9, 1999, 113 Stat.

1768, provided that:

"(a) General Rule. - Subject to subsections (b) and (c), a

foreign motor carrier or foreign motor private carrier (as such

terms are defined under section 13102 of title 49, United States

Code) that operates without authority, before the implementation of

the land transportation provisions of the North American Free Trade

Agreement, outside the boundaries of a commercial zone along the

United States-Mexico border shall be liable to the United States

for a civil penalty and shall be disqualified from operating a

commercial motor vehicle anywhere within the United States as

provided in subsections (b) and (c).

"(b) Penalty for Intentional Violation. - The civil penalty for

an intentional violation of subsection (a) by a carrier shall not

be more than $10,000 and may include a disqualification from

operating a commercial motor vehicle anywhere within the United

States for a period of not more than 6 months.

"(c) Penalty for Pattern of Intentional Violations. - The civil

penalty for a pattern of intentional violations of subsection (a)

by a carrier shall not be more than $25,000 and the carrier shall

be disqualified from operating a commercial motor vehicle anywhere

within the United States and the disqualification may be permanent.

"(d) Leasing. - Before the implementation of the land

transportation provisions of the North American Free Trade

Agreement, during any period in which a suspension, condition,

restriction, or limitation imposed under section 13902(c) of title

49, United States Code, applies to a motor carrier (as defined in

section 13902(e) of such title), that motor carrier may not lease a

commercial motor vehicle to another motor carrier or a motor

private carrier to transport property in the United States.

"(e) Savings Clause. - No provision of this section may be

enforced if it is inconsistent with any international agreement of

the United States.

"(f) Acts of Employees. - The actions of any employee driver of a

foreign motor carrier or foreign motor private carrier committed

without the knowledge of the carrier or committed unintentionally

shall not be grounds for penalty or disqualification under this

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13907, 14303 of this

title.

-End-

-CITE-

49 USC Sec. 14902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14902. Civil penalty for accepting rebates from carrier

-STATUTE-

A person -

(1) delivering property to a carrier providing transportation

or service subject to jurisdiction under chapter 135 for

transportation under this part or for whom that carrier will

transport the property as consignor or consignee for that person

from a State or territory or possession of the United States to

another State 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 for, or service of,

that property contained in a tariff required under section 13702;

is liable to the United States for a civil penalty in an amount

equal to 3 times the amount of money that person 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 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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

915.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11902 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14913 of this title.

-End-

-CITE-

49 USC Sec. 14903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14903. Tariff violations

-STATUTE-

(a) Civil Penalty for Undercharging and Overcharging. - A person

that offers, grants, gives, solicits, accepts, or receives by any

means transportation or service provided for property by a carrier

subject to jurisdiction under chapter 135 at a rate different than

the rate in effect under section 13702 is liable to the United

States for a civil penalty of not more than $100,000 for each

violation.

(b) General Criminal Penalty. - A carrier providing

transportation or service subject to jurisdiction under chapter 135

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, shall be fined under title 18 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 acting

for or employed by a carrier or shipper that is subject to this

section are considered to be the actions and omissions of that

carrier or shipper as well as that person.

(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 is conducted.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

915; amended Pub. L. 105-102, Sec. 2(12), Nov. 20, 1997, 111 Stat.

2205.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 105-102

This amends 49:14903(a) to correct a grammatical error.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11903 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-102 inserted "a" before "civil

penalty of not more than".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14913 of this title.

-End-

-CITE-

49 USC Sec. 14904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14904. Additional rate violations

-STATUTE-

(a) Rebates by Agents. - A person, or an officer, employee, or

agent of that person, 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 transportation subject to jurisdiction

under subchapter I of chapter 135; or

(2) by any means assists or permits another person to get

transportation that is subject to jurisdiction under that

subchapter at less than the rate in effect for that

transportation under section 13702,

is liable to the United States for a civil penalty of $200 for the

first violation and $250 for a subsequent violation.

(b) Undercharging. -

(1) Freight forwarder. - A freight forwarder providing service

subject to jurisdiction under subchapter III of chapter 135, or

an officer, agent, or employee of that freight forwarder, that

assists a person in getting, or willingly permits a person to

get, service provided under that subchapter at less than the rate

in effect for that service under section 13702, is liable to the

United States 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 that by any means gets, or attempts to

get, service provided under subchapter III of chapter 135 at less

than the rate in effect for that service under section 13702, is

liable to the United States for a civil penalty of not more than

$500 for the first violation and not more than $2,000 for a

subsequent violation.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

915.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11904 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14905. Penalties for violations of rules relating to loading

and unloading motor vehicles

-STATUTE-

(a) Civil Penalties. - Whoever knowingly authorizes, consents to,

or permits a violation of subsection (a) or (b) of section 14103 or

who knowingly violates subsection (a) of such section is liable to

the United States 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 shall be fined under title 18 or imprisoned

not more than 2 years, or both.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

916.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11902a of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14708 of this title.

-End-

-CITE-

49 USC Sec. 14906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14906. Evasion of regulation of carriers and brokers

-STATUTE-

A person, or an officer, employee, or agent of that person, that

by any means tries to evade regulation provided under this part for

carriers or brokers is liable to the United States for a civil

penalty of $200 for the first violation and at least $250 for a

subsequent violation.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

916.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11906 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14907. Recordkeeping and reporting violations

-STATUTE-

A person required to make a report to the Secretary or the Board,

as applicable, answer a question, or make, prepare, or preserve a

record under this part about transportation subject to jurisdiction

under subchapter I or III of chapter 135, or an officer, agent, or

employee of that person, 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 or Board, 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 or Board;

is liable to the United States for a civil penalty of not more than

$5,000.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

916.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11909 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14303 of this title.

-End-

-CITE-

49 USC Sec. 14908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14908. Unlawful disclosure of information

-STATUTE-

(a) Disclosure of Shipment and Routing Information. -

(1) Violations. - A carrier or broker providing transportation

subject to jurisdiction under subchapter I, II, or III of chapter

135 or an officer, receiver, trustee, lessee, or employee of that

carrier or broker, or another person authorized by that carrier

or broker to receive information from that carrier or broker may

not disclose to another person, except the shipper or consignee,

and a person may not solicit, or receive, information about the

nature, kind, quantity, destination, consignee, or routing of

property tendered or delivered to that carrier or broker for

transportation 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 violating paragraph (1) of this

subsection is liable to the United States for a civil penalty of

not more than $2,000.

(b) Limitation on Statutory Construction. - This part does not

prevent a carrier or broker providing transportation subject to

jurisdiction under chapter 135 from giving information -

(1) in response to legal process issued under authority of a

court of the United States or a State;

(2) to an officer, employee, or agent of the United States

Government, a State, or a territory or possession of the United

States; or

(3) to another carrier or its agent to adjust mutual traffic

accounts in the ordinary course of business.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

917.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11910 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14909 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14909. Disobedience to subpoenas

-STATUTE-

Whoever does not obey a subpoena or requirement of the Secretary

or the Board to appear and testify or produce records shall be

fined under title 18 or imprisoned not more than 1 year, or both.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

917.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11913 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14910 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14910. General civil penalty when specific penalty not

provided

-STATUTE-

When another civil penalty is not provided under this chapter, a

person 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 that is subject to

jurisdiction under subchapter I or III of chapter 135 or a

condition of a registration of a foreign motor carrier or foreign

motor private carrier under section 13902, is liable to the United

States for a civil penalty of $500 for each violation. A separate

violation occurs each day the violation continues.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

917.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11914 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14911 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14911. Punishment of corporation for violations committed by

certain individuals

-STATUTE-

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 providing transportation or service

subject to jurisdiction under chapter 135 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 are considered to be the actions

and omissions of that carrier as well as that individual.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

917.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11915 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14912 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14912. Weight-bumping in household goods transportation

-STATUTE-

(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 which is

subject to jurisdiction under subchapter I or III of chapter 135.

(b) Penalty. - Whoever has been found to have committed

weight-bumping shall be fined under title 18 or imprisoned not more

than 2 years, or both.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

918.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11917 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13907 of this title.

-End-

-CITE-

49 USC Sec. 14913 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14913. Conclusiveness of rates in certain prosecutions

-STATUTE-

When a carrier publishes or files a particular rate under section

13702 or participates in such a rate, the published or filed rate

is conclusive proof against that carrier, its officers, and agents

that it is the legal rate for that transportation or service in a

proceeding begun under section 14902 or 14903. A departure, or

offer to depart, from that published or filed rate is a violation

of those sections.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

918.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11916 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 14914 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 14914. Civil penalty procedures

-STATUTE-

(a) In General. - After notice and an opportunity for a hearing,

a person found by the Surface Transportation Board to have violated

a provision of law that the Board carries out or a regulation

prescribed under that law by the Board that is related to

transportation which occurs under subchapter II of chapter 135 for

which a civil penalty is provided, is liable to the United States

for the civil penalty provided. The amount of the civil penalty

shall be assessed by the Board by written notice. In determining

the amount of the penalty, the Board shall consider the nature,

circumstances, extent, and gravity of the prohibited acts committed

and, with respect to the violator, the degree of culpability, any

history of prior offenses, ability to pay, and other matters that

justice requires.

(b) Compromise. - The Board may compromise, modify, or remit,

with or without consideration, a civil penalty until the assessment

is referred to the Attorney General.

(c) Collection. - If a person fails to pay an assessment of a

civil penalty after it has become final, the Board may refer the

matter to the Attorney General for collection in an appropriate

district court of the United States.

(d) Refunds. - The Board may refund or remit a civil penalty

collected under this section if -

(1) application has been made for refund or remission of the

penalty within 1 year from the date of payment; and

(2) the Board finds that the penalty was unlawfully,

improperly, or excessively imposed.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

918.)

-End-

-CITE-

49 USC PART C - PIPELINE CARRIERS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

-HEAD-

PART C - PIPELINE CARRIERS

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-287, Sec. 5(40), Oct. 11, 1996, 110 Stat.

3392, made technical amendment to part heading.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 2342.

-End-