US (United States) Code. Titlte 49. Subtitle IV. Part B. Chapter 137: Rates and through routes

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Motor and water carriers, brokers and freight

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 34 páginas
publicidad
publicidad

-CITE-

49 USC CHAPTER 137 - RATES AND THROUGH ROUTES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

CHAPTER 137 - RATES AND THROUGH ROUTES

-MISC1-

Sec.

13701. Requirements for reasonable rates, classifications,

through routes, rules, and practices for certain

transportation.

13702. Tariff requirement for certain transportation.

13703. Certain collective activities; exemption from

antitrust laws.

13704. Household goods rates - estimates; guarantees of

service.

13705. Requirements for through routes among motor carriers

of passengers.

13706. Liability for payment of rates.

13707. Payment of rates.

13708. Billing and collecting practices.

13709. Procedures for resolving claims involving unfiled,

negotiated transportation rates.

13710. Additional billing and collecting practices.

13711. Alternative procedure for resolving undercharge

disputes.

13712. Government traffic.

13713. Food and grocery transportation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 10703, 10742 of this

title.

-End-

-CITE-

49 USC Sec. 13701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13701. Requirements for reasonable rates, classifications,

through routes, rules, and practices for certain transportation

-STATUTE-

(a) Reasonableness. -

(1) Certain household goods transportation; joint rates

involving water transportation. - A rate, classification, rule,

or practice related to transportation or service provided by a

carrier subject to jurisdiction under chapter 135 for

transportation or service involving -

(A) a movement of household goods,

(B) a rate for a movement by or with a water carrier in

noncontiguous domestic trade, or

(C) rates, rules, and classifications made collectively by

motor carriers under agreements approved pursuant to section

13703,

must be reasonable.

(2) Through routes and divisions of joint rates. - Through

routes and divisions of joint rates for such transportation or

service must be reasonable.

(b) Prescription by Board for Violations. - When the Board finds

it necessary to stop or prevent a violation of subsection (a), the

Board shall prescribe the rate, classification, rule, practice,

through route, or division of joint rates to be applied for such

transportation or service.

(c) Filing of Complaint. - A complaint that a rate,

classification, rule, or practice in noncontiguous domestic trade

violates subsection (a) may be filed with the Board.

(d) Zone of Reasonableness. -

(1) In general. - For purposes of this section, a rate or

division of a motor carrier for service in noncontiguous domestic

trade or water carrier 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) 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 shall determine

whether any rate or division of a carrier or service in

noncontiguous domestic trade which is not within the range

described in paragraph (1) is reasonable if a complaint is filed

under subsection (c) or section 13702(b)(6).

(4) Reparations. - Upon a finding of violation of subsection

(a), the Board 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

or authority and upon a finding or violation of subsection (a),

the Board shall make such orders as are just and shall require

the carrier to return, to the extent practicable, to shippers all

amounts plus interest, which the Board finds to have been

assessed and collected in violation of subsection (a).

-SOURCE-

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

867.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 10701, 10704, and 10705 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13541, 13702, 13710 of

this title.

-End-

-CITE-

49 USC Sec. 13702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13702. Tariff requirement for certain transportation

-STATUTE-

(a) In General. - Except when providing transportation for

charitable purposes without charge, a carrier subject to

jurisdiction under chapter 135 may provide transportation or

service that is -

(1) in noncontiguous domestic trade, except with regard to bulk

cargo, forest products, recycled metal scrap, waste paper, and

paper waste; or

(2) for movement of household goods;

only if the rate for such transportation or service is contained in

a tariff that is in effect under this section. The carrier may not

charge or receive a different compensation for the transportation

or service than the rate specified in the tariff, whether by

returning a part of that rate to a person, giving a person a

privilege, allowing the use of a facility that affects the value of

that transportation or service, or another device. A rate contained

in a tariff shall be stated in money of the United States.

(b) Tariff Requirements for Noncontiguous Domestic Trade. -

(1) Filing. - A carrier providing transportation or service

described in subsection (a)(1) shall publish and file with the

Board tariffs containing the rates established for such

transportation or service. The carriers shall keep such tariffs

available for public inspection. The Board shall prescribe the

form and manner of publishing, filing, and keeping tariffs

available for public inspection under this subsection.

(2) Contents. - The Board may prescribe any specific

information and charges to be identified in a tariff, but at a

minimum tariffs must identify plainly -

(A) the carriers that are parties to it;

(B) the places between which property will be transported;

(C) terminal charges if a carrier provides transportation or

service subject to jurisdiction under subchapter III of chapter

135;

(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 providing transportation or

service described in subsection (a)(1) under a joint rate for a

through movement shall not be required to state 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 may permit carriers 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 finds that action to be consistent with

the public interest. Those carriers 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) may be submitted to the Board for resolution.

(c) Tariff Requirements for Household Goods Carriers. -

(1) In general. - A carrier providing transportation described

in subsection (a)(2) shall maintain rates and related rules and

practices in a published tariff. The tariff must be available for

inspection by the Board and be made available for inspection by

shippers upon reasonable request.

(2) Notice of availability. - A carrier that maintains a tariff

under this subsection may not enforce the provisions of the

tariff unless the carrier 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 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.

(4) Incorporation by reference. - A carrier may incorporate by

reference the rates, terms, and other conditions of a tariff in

agreements covering the transportation of household goods.

(5) Complaints. - A complaint that a rate or related rule or

practice maintained in a tariff under this subsection violates

section 13701(a) may be submitted to the Board for resolution.

(d) Invalidation. - The Board may invalidate a tariff prepared by

a carrier or carriers under this section if that tariff violates

this section or a regulation of the Board carrying out this

section.

-SOURCE-

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

868.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 10761 and 10762 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 sections 13541, 13701, 13711,

14704, 14706, 14709, 14901, 14902, 14903, 14904, 14913 of this

title.

-End-

-CITE-

49 USC Sec. 13703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13703. Certain collective activities; exemption from antitrust

laws

-STATUTE-

(a) Agreements. -

(1) Authority to enter. - A motor carrier providing

transportation or service subject to jurisdiction under chapter

135 may enter into an agreement with one or more such carriers to

establish -

(A) through routes and joint rates;

(B) rates for the transportation of household goods;

(C) classifications;

(D) mileage guides;

(E) rules;

(F) divisions;

(G) rate adjustments of general application based on industry

average carrier 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).

(2) Submission of agreement to board; approval. - An agreement

entered into under paragraph (1) may be submitted by any carrier

or carriers that are parties to such agreement to the Board for

approval and may be approved by the Board only if it finds that

such agreement is in the public interest.

(3) Conditions. - The Board may require compliance with

reasonable conditions consistent with this part to assure that

the agreement furthers the transportation policy set forth in

section 13101.

(4) Independently established rates. - Any carrier which is a

party to an agreement under paragraph (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 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 may

investigate any action taken pursuant to an agreement approved

under this section. If the Board finds that the action is not

in the public interest, the Board 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 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, and the antitrust laws, as defined in the first section of

the Clayton Act (15 U.S.C. 12), do not apply to parties and other

persons with respect to making or carrying out the agreement.

(b) Records. - The Board may require an organization established

or continued under an agreement approved under this section to

maintain records and submit reports. The Board, 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 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

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).

(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 shall

initiate a proceeding to review any agreement approved pursuant

to this section. Any such agreement shall be continued unless the

Board determines otherwise.

(d) Limitation. - The Board shall not take any action that would

permit the establishment of nationwide collective ratemaking

authority.

(e) Existing Agreements. -

(1) Agreements existing as of December 31, 1995. - Agreements

approved under former section 10706(b) and in effect on December

31, 1995, shall be treated for purposes of this section as

approved by the Board 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)) of the Motor Carrier

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 as of the date of

the enactment of this paragraph.

(f) 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.

(g) 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 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 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 affirming its

participation in the governing publication, and the

certification shall be made available for public inspection.

(2) Mileage limitation. - No carrier subject to jurisdiction

under subchapter I or III of chapter 135 may enforce collection

of its mileage rates unless such carrier -

(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)) that can be examined by any

interested person upon reasonable request.

(h) Single Line Rate Defined. - In this section, the term "single

line rate" means a rate, charge, or allowance proposed by a single

motor carrier that is applicable only over its line and for which

the transportation can be provided by that carrier.

-SOURCE-

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

869; amended Pub. L. 104-287, Sec. 5(28), Oct. 11, 1996, 110 Stat.

3391; Pub. L. 105-102, Sec. 2(9), Nov. 20, 1997, 111 Stat. 2204;

Pub. L. 106-159, title II, Sec. 227, Dec. 9, 1999, 113 Stat. 1772.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 105-102

This amends 49:13703(a)(2) to correct an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred to in

subsecs. (c)(2) and (e)(2), is the date of enactment of Pub. L.

106-159, which was approved Dec. 9, 1999.

Former section 10706(b), referred to in subsec. (e)(1), probably

means section 10706(b) of this title as in effect before that

section was omitted and a new section 10706 enacted in the general

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

Dec. 29, 1995, 109 Stat. 804, 812.

Section 227 of the Motor Carrier Safety Improvement Act of 1999,

referred to in subsec. (e)(2), is section 227 of Pub. L. 106-159,

which amended this section. See 1999 Amendment notes below.

The ICC Termination Act of 1995, referred to in subsec. (f)(2),

is Pub. L. 104-88, Dec. 29, 1995, 109 Stat. 803. For complete

classification of this Act to the Code, see Short Title of 1995

Amendment note set out under section 101 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10706 of this title prior to the general amendment of this

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

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-159, Sec. 227(a), designated

introductory provisions as par. (1) and inserted heading,

redesignated former pars. (1) to (4) as subpars. (A) to (D),

respectively, of par. (1) and realigned their margins, and added

par. (2).

Subsec. (d). Pub. L. 106-159, Sec. 227(b), amended heading and

text of subsec. (d) generally. Prior to amendment, text read as

follows: "Subject to subsection (c), approval of an agreement under

subsection (a) shall expire 3 years after the date of approval

unless renewed under this subsection. The approval may be renewed

upon request of the parties to the agreement if such parties

resubmit the agreement to the Board, the agreement is unchanged,

and the Board approves such renewal. The Board shall approve the

renewal unless it finds that the renewal is not in the public

interest. Parties to the agreement may continue to undertake

activities pursuant to the previously approved agreement while the

renewal request is pending."

Subsec. (e). Pub. L. 106-159, Sec. 227(c), designated existing

provisions as par. (1), inserted par. heading, and added par. (2).

1997 - Subsec. (a)(2). Pub. L. 105-102 substituted "paragraph

(1)" for "subsection (a)".

1996 - Subsec. (e). Pub. L. 104-287, Sec. 5(28)(A), substituted

"December 31, 1995," for "the day before the effective date of this

section" and "January 1, 1996" for "such effective date".

Subsec. (f)(2). Pub. L. 104-287, Sec. 5(28)(B), substituted

"December 31, 1995" for "the day before the effective date of this

section".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13541, 13701, 14706 of

this title.

-End-

-CITE-

49 USC Sec. 13704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13704. Household goods rates - estimates; guarantees of

service

-STATUTE-

(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.

-SOURCE-

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

872.)

-MISC1-

PRIOR PROVISIONS

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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 13705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13705. Requirements for through routes among motor carriers of

passengers

-STATUTE-

(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.

-SOURCE-

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

872.)

-MISC1-

PRIOR PROVISIONS

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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 13706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13706. Liability for payment of rates

-STATUTE-

(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.

-SOURCE-

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

872.)

-MISC1-

PRIOR PROVISIONS

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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 13707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13707. Payment of rates

-STATUTE-

(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.

-SOURCE-

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

873.)

-MISC1-

PRIOR PROVISIONS

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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 13708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13708. Billing and collecting practices

-STATUTE-

(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.

-SOURCE-

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

873.)

-MISC1-

PRIOR PROVISIONS

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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 13709 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13709. Procedures for resolving claims involving unfiled,

negotiated transportation rates

-STATUTE-

(a) Transportation Provided at Rates Other Than Legal Tariff

Rates. -

(1) In general. - When a claim is made by a motor carrier of

property (other than a household goods carrier) providing

transportation subject to jurisdiction under subchapter II of

chapter 105 (as in effect on December 31, 1995) or subchapter I

of chapter 135, by a freight forwarder (other than a household

goods freight forwarder), or by a party representing such a

carrier or freight forwarder regarding the collection of rates or

charges for such transportation in addition to those originally

billed and collected by the carrier or freight forwarder for such

transportation, the person against whom the claim is made may

elect to satisfy the claim under the provisions of subsection

(b), (c), or (d), upon showing that -

(A) the carrier or freight forwarder 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 was offered a transportation rate by the

carrier or freight forwarder other than that legally on file

at the time with the Board or with the Interstate Commerce

Commission, as required, for the transportation service;

(ii) the person tendered freight to the carrier or freight

forwarder in reasonable reliance upon the offered

transportation rate;

(iii) the carrier or freight forwarder did not properly or

timely file with the Board or with the Interstate Commerce

Commission, as required, a tariff providing for such

transportation rate or failed to enter into an agreement for

contract carriage;

(iv) such transportation rate was billed and collected by

the carrier or freight forwarder; and

(v) the carrier or freight forwarder 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), 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), such dispute shall be resolved by

the Board. Pending the resolution of any such dispute, the person

shall not have to pay any additional compensation to the carrier

or freight forwarder.

(3) Effect of satisfaction of claims. - Satisfaction of the

claim under subsection (b), (c), or (d) shall be binding on the

parties, and the parties shall not be subject to chapter 119 of

this title, as such chapter was in effect on December 31, 1995,

or chapter 149.

(b) Claims Involving Shipments Weighing 10,000 Pounds or Less. -

A person 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'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.

(c) Claims Involving Shipments Weighing More Than 10,000 Pounds.

- A person 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'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.

(d) Claims Involving Public Warehousemen. - Notwithstanding

subsections (b) and (c), a person 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's applicable and effective tariff

rate and the rate originally billed and paid if such person 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.

(e) Effects of Election. - When a person from whom additional

legally applicable freight rates or charges are sought does not

elect to use the provisions of subsection (b), (c) or (d), the

person may pursue all rights and remedies existing under this part

or, for transportation 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 proceeds

under this section to challenge the reasonableness of the legally

applicable freight rate or charges being claimed by a carrier or

freight forwarder in addition to those already billed and

collected, the person shall not have to pay any additional

compensation to the carrier or freight forwarder until the Board

has made a determination as to the reasonableness of the challenged

rate as applied to the freight of the person against whom the claim

is made.

(g) Notification of Election. -

(1) General rule. - A person must notify the carrier or freight

forwarder as to its election to proceed under subsection (b),

(c), or (d). Except as provided in paragraphs (2), (3), and (4),

such election may be made at any time.

(2) Demands for payment initially made after december 3, 1993.

- If the carrier or freight forwarder or party representing such

carrier or freight forwarder initially demands the payment of

additional freight charges after December 3, 1993, and notifies

the person from whom additional freight charges are sought of the

provisions of subsections (a) through (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 or freight forwarder or party representing such

carrier or freight forwarder has filed, before December 4, 1993,

a suit for the collection of additional freight charges and

notifies the person from whom additional freight charges are

sought of the provisions of subsections (a) through (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 or freight forwarder or party representing such carrier

or freight forwarder 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 from whom additional freight charges are

sought of the provisions of subsections (a) through (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), (c), and

(d), a person from whom the additional legally applicable and

effective tariff rate or charges are sought shall not be liable

for the difference between the carrier's applicable and effective

tariff rate and the rate originally billed and paid -

(A) if such person qualifies as a small-business concern

under the Small Business Act (15 U.S.C. 631 et seq.),

(B) if such person 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) of such Code, or

(C) if the cargo involved in the claim is recyclable

materials.

(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

programs.

-SOURCE-

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

874; amended Pub. L. 104-287, Sec. 5(29), Oct. 11, 1996, 110 Stat.

3391.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287, SEC. 5(29)(A)

This amends 49:13709(a)(1) and (3) for clarity and consistency.

PUB. L. 104-287, SEC. 5(29)(B)

This amends 49:13709(e) by setting out the effective date for

49:13709 and for clarity and consistency.

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of chapter 105, referred to in subsec. (a)(1), was

omitted in the general amendment of this subtitle by Pub. L.

104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804,

effective Jan. 1, 1996.

Chapter 119, referred to in subsec. (a)(3), was omitted and a new

chapter 119 enacted in the general amendment of this subtitle by

Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804,

849, effective Jan. 1, 1996.

The Small Business Act, referred to in subsec. (h)(1)(A), is Pub.

L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

Section 501 of the Internal Revenue Code of 1986, referred to in

subsec. (h)(1)(B), is classified to section 501 of Title 26,

Internal Revenue Code.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10701 of this title prior to the general amendment of this

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

AMENDMENTS

1996 - Subsec. (a)(1), (3). Pub. L. 104-287, Sec. 5(29)(A),

substituted "December 31, 1995" for "the day before the effective

date of this section".

Subsec. (e). Pub. L. 104-287, Sec. 5(29)(B), substituted "January

1, 1996" for "the effective date of this section" and "December 31,

1995" for "the day before such effective date".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13711 of this title.

-End-

-CITE-

49 USC Sec. 13710 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13710. Additional billing and collecting practices

-STATUTE-

(a) Miscellaneous Provisions. -

(1) Information relating to basis of rate. - A motor carrier of

property (other than a motor carrier providing transportation in

noncontiguous domestic trade) 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 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 is challenged by the person

paying the freight charges, the Board shall determine whether

such rates and provisions are reasonable under section 13701 or

applicable based on the record before it.

(3) Billing disputes. -

(A) Initiated by motor carriers. - In those cases where a

motor carrier (other than a motor carrier providing

transportation of household goods or in noncontiguous domestic

trade) seeks to collect charges in addition to those billed and

collected which are contested by the payor, the carrier may

request that the Board determine whether any additional charges

over those billed and collected must be paid. A carrier 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

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 (other than a motor carrier

providing transportation of household goods) that was subject to

jurisdiction under subchapter II of chapter 105, as in effect on

December 31, 1995, and that had authority to provide transportation

as both a motor common carrier and a motor contract carrier and a

dispute arises as to whether certain transportation that was

provided prior to January 1, 1996, was provided in its common

carrier or contract carrier capacity and the parties are not able

to resolve the dispute consensually, the Board shall resolve the

dispute.

-SOURCE-

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

876; amended Pub. L. 104-287, Sec. 5(30), Oct. 11, 1996, 110 Stat.

3391.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287, SEC. 5(30)(A)

This sets out the effective date of 49:13710.

PUB. L. 104-287, SEC. 5(30)(B)

This amends 49:13710(b) by setting out the effective date for

49:13710 and for clarity and consistency.

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of chapter 105, referred to in subsec. (b), was

omitted in the general amendment of this subtitle by Pub. L.

104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804,

effective Jan. 1, 1996.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 10762 and 11101 of this title prior to the general

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

AMENDMENTS

1996 - Subsec. (a)(4). Pub. L. 104-287, Sec. 5(30)(A),

substituted "January 1, 1996," for "the effective date of this

section".

Subsec. (b). Pub. L. 104-287, Sec. 5(30)(B), substituted

"December 31, 1995" for "the day before the effective date of this

section" and "January 1, 1996," for "the effective date of this

section".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14706 of this title.

-End-

-CITE-

49 USC Sec. 13711 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13711. Alternative procedure for resolving undercharge

disputes

-STATUTE-

(a) General Rule. - It shall be an unreasonable practice for a

motor carrier of property (other than a household goods carrier)

providing transportation subject to jurisdiction under subchapter I

of chapter 135 or, before January 1, 1996, to have provided

transportation that was subject to jurisdiction under subchapter II

of chapter 105, as in effect on December 31, 1995, a freight

forwarder (other than a household goods freight forwarder), or a

party representing such a carrier or freight forwarder to attempt

to charge or to charge for a transportation 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 provided before January 1, 1996,

in accordance with chapter 107, as in effect on the date the

transportation was provided, by the carrier or freight forwarder

applicable to such transportation service, and (2) the negotiated

rate for such transportation service if the carrier or freight

forwarder is no longer transporting property between places

described in section 13501(1) or is transporting property between

places described in section 13501(1) for the purpose of avoiding

application of this section.

(b) Jurisdiction of Board. -

(1) Determination. - The Board shall have jurisdiction to make

a determination of whether or not attempting to charge or the

charging of a rate by a motor carrier or freight forwarder or

party representing a motor carrier or freight forwarder is an

unreasonable practice under subsection (a). If the Board

determines that attempting to charge or the charging of the rate

is an unreasonable practice under subsection (a), the carrier,

freight forwarder, or party may not collect the difference

described in subsection (a) between the applicable rate and the

negotiated rate for the transportation service.

(2) Factors to consider. - In making a determination under

paragraph (1), the Board shall consider -

(A) whether the person was offered a transportation rate by

the carrier or freight forwarder or party other than that

legally on file with the Interstate Commerce Commission or the

Board, as required, at the time of the movement for the

transportation service;

(B) whether the person tendered freight to the carrier or

freight forwarder in reasonable reliance upon the offered

transportation rate;

(C) whether the carrier or freight forwarder did not properly

or timely file with the Interstate Commerce Commission or the

Board, as required, a tariff providing for such transportation

rate or failed to enter into an agreement for contract

carriage;

(D) whether the transportation rate was billed and collected

by the carrier or freight forwarder; and

(E) whether the carrier or freight forwarder or party demands

additional payment of a higher rate filed in a tariff.

(c) Stay of Additional Compensation. - When a person proceeds

under this section to challenge the reasonableness of the practice

of a motor carrier, freight forwarder, or party described in

subsection (a) to attempt to charge or to charge the difference

described in subsection (a) between the applicable rate and the

negotiated rate for the transportation service in addition to those

charges already billed and collected for the transportation

service, the person shall not have to pay any additional

compensation to the carrier, freight forwarder, or party until the

Board has made a determination as to the reasonableness of the

practice as applied to the freight of the person against whom the

claim is made.

(d) Treatment. - Subsection (a) is an exception to the

requirements of section 13702 and, for transportation 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 elects to seek enforcement of subsection

(a) with respect to a rate for a transportation or service, section

13709 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 or freight forwarder 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.

-SOURCE-

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

877; amended Pub. L. 104-287, Sec. 5(31), Oct. 11, 1996, 110 Stat.

3391.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287

This amends 49:13711(a), (d), and (g) by setting out the

effective date of 49:13711 and for clarity and consistency.

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of chapter 105, referred to in subsec. (a), was

omitted in the general amendment of this subtitle by Pub. L.

104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804,

effective Jan. 1, 1996.

Chapter 107, as in effect on the date transportation was

provided, referred to in subsec. (a), means chapter 107 of this

title, as in effect on the date transportation was provided with

respect to transportation provided before Jan. 1, 1996. Chapter 107

(Sec. 10701 et seq.) was omitted and a new chapter 107 enacted in

the general amendment of this subtitle by Pub. L. 104-88, title I,

Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, 809, effective Jan. 1,

1996.

Sections 10761(a) and 10762, referred to in subsec. (d), were

omitted in the general amendment of this subtitle by Pub. L.

104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804,

effective Jan. 1, 1996.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2(e) of Pub. L. 103-180, set out as a note under former

section 10701 of this title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-287, Sec. 5(31)(A), substituted

"or, before January 1, 1996" for "or, before the effective date of

this section", "December 31, 1995" for "the day before the

effective date of this section", and "provided before January 1,

1996" for "provided before the effective date of this section".

Subsec. (d). Pub. L. 104-287, Sec. 5(31)(B), substituted "January

1, 1996" for "the effective date of this section" and "December 31,

1995" for "the day before such effective date".

Subsec. (g). Pub. L. 104-287, Sec. 5(31)(C), substituted "January

1, 1996" for "the effective date of this section".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-

49 USC Sec. 13712 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13712. Government traffic

-STATUTE-

A carrier providing transportation or service for the United

States Government may transport property or individuals for the

United States Government without charge or at a rate reduced from

the applicable commercial rate. Section 3709 of the Revised

Statutes (41 U.S.C. 5) does not apply when transportation for the

United States Government can be obtained from a carrier lawfully

operating in the area where the transportation would be provided.

-SOURCE-

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

879.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10721 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 title 31 section 3726.

-End-

-CITE-

49 USC Sec. 13713 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

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

FORWARDERS

CHAPTER 137 - RATES AND THROUGH ROUTES

-HEAD-

Sec. 13713. Food and grocery transportation

-STATUTE-

(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) of this section should be passed on to the

ultimate consumer.

-SOURCE-

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

879.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10732 of this title prior to the general amendment of this

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

-End-