Enforcement, Investigations, Rights, and Remedies (Motor, Water, and Intermediaries)

§ 14505

TITLE 49—TRANSPORTATION

Page 374

Subsec. (a)(5). Pub. L. 110–432, § 701(d)(1)(C), added par.
(5) and struck out former par. (5). Prior to amendment,
text read as follows: ‘‘The term ‘motor carrier’ includes
all carriers that are otherwise exempt from this part
under subchapter I of chapter 135 or exemption actions
by the former Interstate Commerce Commission under
this title.’’
Subsec. (c)(1)(B). Pub. L. 110–244, § 301(p)(1), substituted ‘‘a’’ for ‘‘the a’’.
Subsec. (c)(2). Pub. L. 110–244, § 301(n), substituted
‘‘exclusively in intrastate operations’’ for ‘‘exclusively
in interstate operations’’.
Subsec. (d)(4)(C). Pub. L. 110–432, § 701(d)(2), inserted
before period ‘‘, except that a decision to approve the
exclusion of carriers from the definition of the term
‘motor carrier’ under subsection (a)(5) shall require an
affirmative vote of 3⁄4 of all such directors.’’
Subsec. (f)(1)(A)(i). Pub. L. 110–244, § 301(p)(2), struck
out ‘‘in connection with the filing of proof of financial
responsibility’’ before ‘‘under the UCR agreement’’.
Subsec. (f)(1)(A)(ii). Pub. L. 110–244, § 301(o), (p)(3),
substituted ‘‘under the UCR agreement’’ for ‘‘in connection with such a filing’’ and struck out ‘‘or’’ before
‘‘under this paragraph.’’

(Added Pub. L. 109–59, title IV, § 4306(a), Aug. 10,
2005, 119 Stat. 1773; amended Pub. L. 110–244, title
III, § 301(q), June 6, 2008, 122 Stat. 1617.)

§ 14505. State tax

14707.

A State or political subdivision thereof may
not collect or levy a tax, fee, head charge, or
other charge on—
(1) a passenger traveling in interstate commerce by motor carrier;
(2) the transportation of a passenger traveling in interstate commerce by motor carrier;
(3) the sale of passenger transportation in
interstate commerce by motor carrier; or
(4) the gross receipts derived from such
transportation.

14708.

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 904.)
§ 14506. Identification of vehicles
(a) RESTRICTION ON REQUIREMENTS.—No State,
political subdivision of a State, interstate agency, or other political agency of two or more
States may enact or enforce any law, rule, regulation standard, or other provision having the
force and effect of law that requires a motor carrier, motor private carrier, freight forwarder, or
leasing company to display any form of identification on or in a commercial motor vehicle (as
defined in section 14504a), other than forms of
identification required by the Secretary of
Transportation under section 390.21 of title 49,
Code of Federal Regulations.
(b) EXCEPTION.—Notwithstanding subsection
(a), a State may continue to require display of
credentials that are required—
(1) under the International Registration
Plan under section 31704;
(2) under the International Fuel Tax Agreement under section 31705 or under an applicable State law if, on October 1, 2006, the State
has a form of highway use taxation not subject
to collection through the International Fuel
Tax Agreement;
(3) under a State law regarding motor vehicle license plates or other displays that the
Secretary determines are appropriate;
(4) in connection with Federal requirements
for hazardous materials transportation under
section 5103; or
(5) in connection with the Federal vehicle inspection standards under section 31136.

AMENDMENTS
2008—Subsec. (b)(2). Pub. L. 110–244 inserted ‘‘or under
an applicable State law if, on October 1, 2006, the State
has a form of highway use taxation not subject to collection through the International Fuel Tax Agreement’’ before semicolon at end.

CHAPTER 147—ENFORCEMENT;
INVESTIGATIONS; RIGHTS; REMEDIES
Sec.

14701.
14702.
14703.
14704.
14705.
14706.

14709.
14710.

14711.

General authority.
Enforcement by the regulatory authority.
Enforcement by the Attorney General.
Rights and remedies of persons injured by
carriers or brokers.
Limitation on actions by and against carriers.
Liability of carriers under receipts and bills
of lading.
Private enforcement of registration requirement.
Dispute settlement program for household
goods carriers.
Tariff reconciliation rules for motor carriers
of property.
Enforcement of Federal laws and regulations
with respect to transportation of household
goods.
Enforcement by State attorneys general.
AMENDMENTS

2005—Pub. L. 109–59, title IV, § 4206(c), Aug. 10, 2005,
119 Stat. 1757, added items 14710 and 14711.

§ 14701. General authority
(a) INVESTIGATIONS.—The Secretary or the
Board, as applicable, may begin an investigation
under this part on the Secretary’s or the Board’s
own initiative or on complaint. If the Secretary
or Board, as applicable, finds that a carrier or
broker is violating this part, the Secretary or
Board, as applicable, shall take appropriate action to compel compliance with this part. If the
Secretary finds that a foreign motor carrier or
foreign motor private carrier is violating chapter 139, the Secretary shall take appropriate action to compel compliance with that chapter.
The Secretary or Board, as applicable, may take
action under this subsection only after giving
the carrier or broker notice of the investigation
and an opportunity for a proceeding.
(b) COMPLAINTS.—A person, including a governmental authority, may file with the Secretary or Board, as applicable, a complaint
about a violation of this part by a carrier providing, or broker for, transportation or service
subject to jurisdiction under this part or a foreign motor carrier or foreign motor private carrier providing transportation registered under
section 13902 of this title. The complaint must
state the facts that are the subject of the violation. The Secretary or Board, as applicable, may
dismiss a complaint that it determines does not
state reasonable grounds for investigation and
action.
(c) DEADLINE.—A formal investigative proceeding begun by the Secretary or Board under subsection (a) of this section is dismissed automatically unless it is concluded with administrative

Page 375

§ 14704

TITLE 49—TRANSPORTATION

finality by the end of the 3d year after the date
on which it was begun.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 904.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11701 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 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.
CONSUMER COMPLAINT INFORMATION
Pub. L. 109–59, title IV, § 4214, Aug. 10, 2005, 119 Stat.
1759, provided that:
‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than 1
year after the date of enactment of this Act [Aug. 10,
2005], the Secretary shall—
‘‘(1) establish (A) a system for filing and logging
consumer complaints relating to household goods
motor carriers for the purpose of compiling or linking complaint information gathered by the Department of Transportation and the States with regard to
such carriers, (B) a database of the complaints, and
(C) a procedure for the public to have access, subject
to section 552(a) of title 5, United States Code, to aggregated information and for carriers to challenge
duplicate or fraudulent information in the database;
‘‘(2) issue regulations requiring each motor carrier
of household goods to submit on a quarterly basis a
report summarizing—
‘‘(A) the number of shipments that originate and
are delivered for individual shippers during the reporting period by the carrier;
‘‘(B) the number and general category of complaints lodged by consumers with the carrier;
‘‘(C) the number of claims filed with the carrier
for loss and damage in excess of $500;
‘‘(D) the number of such claims resolved during
the reporting period;
‘‘(E) the number of such claims declined in the reporting period; and
‘‘(F) the number of such claims that are pending
at the close of the reporting period; and
‘‘(3) develop a procedure to forward a complaint, including the motor carrier bill of lading number, if
known, related to the complaint to a motor carrier
named in such complaint and to an appropriate State
authority (as defined in section 14710(d) of title 49,
United States Code) in the State in which the complainant resides.
‘‘(b) USE OF INFORMATION.—The Secretary shall consider information in the data base established under
subsection (a) in its household goods compliance and
enforcement program.’’
[For definitions of ‘‘carrier’’, ‘‘household goods’’,
‘‘motor carrier’’, and ‘‘Secretary’’ as used in section
4214 of Pub. L. 109–59, set out above, see section 4202(a)
of Pub. L. 109–59, set out as a note under section 13102
of this title.]

§ 14702. Enforcement by the regulatory authority
(a) IN GENERAL.—The Secretary or the Board,
as applicable, may bring a civil action—
(1) to enforce section 14103 of this title; or
(2) to enforce this part, or a regulation or
order of the Secretary or Board, as applicable,
when violated by a carrier or broker providing
transportation or service subject to jurisdiction under subchapter I or III of chapter 135 of
this title or by a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this
title.

(b) VENUE.—In a civil action under subsection
(a)(2) of this section—
(1) trial is in the judicial district in which
the carrier, foreign motor carrier, foreign
motor private carrier, or broker operates;
(2) process may be served without regard to
the territorial limits of the district or of the
State in which the action is instituted; and
(3) a person participating with a carrier or
broker in a violation may be joined in the civil
action without regard to the residence of the
person.
(c) STANDING.—The Board, through its own attorneys, may bring or participate in any civil
action involving motor carrier undercharges.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 905.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11702 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 14703. Enforcement by the Attorney General
The Attorney General may, and on request of
either the Secretary or the Board shall, bring
court proceedings—
(1) to enforce this part or a regulation or
order of the Secretary or Board or terms of
registration under this part; and
(2) to prosecute a person violating this part
or a regulation or order of the Secretary or
Board or term of registration under this part.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 905.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11703 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 14704. Rights and remedies of persons injured
by carriers or brokers
(a) IN GENERAL.—
(1) ENFORCEMENT OF ORDER.—A person injured because a carrier or broker providing
transportation or service subject to jurisdiction under chapter 135 does not obey an order
of the Secretary or the Board, as applicable,
under this part, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. A person may bring a civil action for injunctive relief for violations of sections 14102 and 14103.
(2) DAMAGES FOR VIOLATIONS.—A carrier or
broker providing transportation or service
subject to jurisdiction under chapter 135 is liable for damages sustained by a person as a result of an act or omission of that carrier or
broker in violation of this part.
(b) LIABILITY AND DAMAGES FOR EXCEEDING
TARIFF RATE.—A carrier providing transportation or service subject to jurisdiction under
chapter 135 is liable to a person for amounts
charged that exceed the applicable rate for
transportation or service contained in a tariff in
effect under section 13702.
(c) ELECTION.—
(1) COMPLAINT TO DOT OR BOARD; CIVIL ACTION.—A person may file a complaint with the

§ 14705

TITLE 49—TRANSPORTATION

Board or the Secretary, as applicable, under
section 14701(b) or bring a civil action under
subsection (b) to enforce liability against a
carrier or broker providing transportation or
service subject to jurisdiction under chapter
135.
(2) ORDER OF DOT OR BOARD.—
(A) IN GENERAL.—When the Board or Secretary, as applicable, makes an award under
subsection (b) of this section, the Board or
Secretary, as applicable, shall order the carrier to pay the amount awarded by a specific
date. The Board or Secretary, as applicable,
may order a carrier or broker providing
transportation or service subject to jurisdiction under chapter 135 to pay damages only
when the proceeding is on complaint.
(B) ENFORCEMENT BY CIVIL ACTION.—The
person for whose benefit an order of the
Board or Secretary requiring the payment of
money is made may bring a civil action to
enforce that order under this paragraph if
the carrier or broker does not pay the
amount awarded by the date payment was
ordered to be made.
(d) PROCEDURE.—
(1) IN GENERAL.—When a person begins a
civil action under subsection (b) of this section to enforce an order of the Board or Secretary requiring the payment of damages by a
carrier or broker providing transportation or
service subject to jurisdiction under chapter
135 of this title, the text of the order of the
Board or Secretary must be included in the
complaint. In addition to the district courts of
the United States, a State court of general jurisdiction having jurisdiction of the parties
has jurisdiction to enforce an order under this
paragraph. The findings and order of the Board
or Secretary are competent evidence of the
facts stated in them. Trial in a civil action
brought in a district court of the United
States under this paragraph is in the judicial
district in which the plaintiff resides or in
which the principal operating office of the carrier or broker is located. In a civil action
under this paragraph, the plaintiff is liable for
only those costs that accrue on an appeal
taken by the plaintiff.
(2) PARTIES.—All parties in whose favor the
award was made may be joined as plaintiffs in
a civil action brought in a district court of the
United States under this subsection and all
the carriers that are parties to the order
awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could
bring the action against any one of the defendants. Process may be served on a defendant at
its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery
may be made in favor of any of those plaintiffs
against the defendant found to be liable to
that plaintiff.
(e) ATTORNEY’S FEES.—The district court shall
award a reasonable attorney’s fee under this section. The district court shall tax and collect
that fee as part of the costs of the action.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 905.)

Page 376
PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 11705 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 14705. Limitation on actions by and against carriers
(a) IN GENERAL.—A carrier providing transportation or service subject to jurisdiction under
chapter 135 must begin a civil action to recover
charges for transportation or service provided
by the carrier within 18 months after the claim
accrues.
(b) OVERCHARGES.—A person must begin a civil
action to recover overcharges within 18 months
after the claim accrues. If the claim is against
a carrier providing transportation subject to jurisdiction under chapter 135 and an election to
file a complaint with the Board or Secretary, as
applicable, is made under section 14704(c)(1), the
complaint must be filed within 3 years after the
claim accrues.
(c) DAMAGES.—A person must file a complaint
with the Board or Secretary, as applicable, to
recover damages under section 14704(b) within 2
years after the claim accrues.
(d) EXTENSIONS.—The limitation periods under
subsection (b) of this section are extended for 6
months from the time written notice is given to
the claimant by the carrier of disallowance of
any part of the claim specified in the notice if a
written claim is given to the carrier within
those limitation periods. The limitation periods
under subsections (b) and (c) of this section are
extended for 90 days from the time the carrier
begins a civil action under subsection (a) to recover charges related to the same transportation or service, or collects (without beginning
a civil action under that subsection) the charge
for that transportation or service if that action
is begun or collection is made within the appropriate period.
(e) PAYMENT.—A person must begin a civil action to enforce an order of the Board or Secretary against a carrier within 1 year after the
date of the order.
(f) GOVERNMENT TRANSPORTATION.—This section applies to transportation for the United
States Government. The time limitations under
this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the later of the date
of—
(1) payment of the rate for the transportation or service involved;
(2) subsequent refund for overpayment of
that rate; or
(3) deduction made under section 3726 of title
31.
(g) ACCRUAL DATE.—A claim related to a shipment of property accrues under this section on
delivery or tender of delivery by the carrier.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 907.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11706 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

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TITLE 49—TRANSPORTATION

§ 14706. Liability of carriers under receipts and
bills of lading
(a) GENERAL LIABILITY.—
(1) MOTOR CARRIERS AND FREIGHT FORWARDERS.—A carrier providing transportation
or service subject to jurisdiction under subchapter I or III of chapter 135 shall issue a receipt or bill of lading for property it receives
for transportation under this part. That carrier and any other carrier that delivers the
property and is providing transportation or
service subject to jurisdiction under subchapter I or III of chapter 135 or chapter 105
are liable to the person entitled to recover
under the receipt or bill of lading. The liability imposed under this paragraph is for the actual loss or injury to the property caused by
(A) the receiving carrier, (B) the delivering
carrier, or (C) another carrier over whose line
or route the property is transported in the
United States or from a place in the United
States to a place in an adjacent foreign country when transported under a through bill of
lading and, except in the case of a freight forwarder, applies to property reconsigned or diverted under a tariff under section 13702. Failure to issue a receipt or bill of lading does not
affect the liability of a carrier. A delivering
carrier is deemed to be the carrier performing
the line-haul transportation nearest the destination but does not include a carrier providing only a switching service at the destination.
(2) FREIGHT FORWARDER.—A freight forwarder is both the receiving and delivering
carrier. When a freight forwarder provides
service and uses a motor carrier providing
transportation subject to jurisdiction under
subchapter I of chapter 135 to receive property
from a consignor, the motor carrier may execute the bill of lading or shipping receipt for
the freight forwarder with its consent. With
the consent of the freight forwarder, a motor
carrier may deliver property for a freight forwarder on the freight forwarder’s bill of lading, freight bill, or shipping receipt to the consignee named in it, and receipt for the property may be made on the freight forwarder’s
delivery receipt.
(b) APPORTIONMENT.—The carrier issuing the
receipt or bill of lading under subsection (a) of
this section or delivering the property for which
the receipt or bill of lading was issued is entitled to recover from the carrier over whose line
or route the loss or injury occurred the amount
required to be paid to the owners of the property, as evidenced by a receipt, judgment, or
transcript, and the amount of its expenses reasonably incurred in defending a civil action
brought by that person.
(c) SPECIAL RULES.—
(1) MOTOR CARRIERS.—
(A) SHIPPER WAIVER.—Subject to the provisions of subparagraph (B), a carrier providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 may, subject to the provisions of this
chapter (including with respect to a motor
carrier, the requirements of section 13710(a)),
establish rates for the transportation of

§ 14706

property (other than household goods described in section 13102(10)(A)) under which
the liability of the carrier for such property
is limited to a value established by written
or electronic declaration of the shipper or by
written agreement between the carrier and
shipper if that value would be reasonable
under the circumstances surrounding the
transportation.
(B) CARRIER NOTIFICATION.—If the motor
carrier is not required to file its tariff with
the Board, it shall provide under section
13710(a)(1) 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 a shipment, or
agreed to between the shipper and the carrier, is based. The copy provided by the carrier shall clearly state the dates of applicability of the rate, classification, rules, or
practices.
(C) PROHIBITION AGAINST COLLECTIVE ESTABLISHMENT.—No discussion, consideration,
or approval as to rules to limit liability
under this subsection may be undertaken by
carriers acting under an agreement approved
pursuant to section 13703.
(2) WATER CARRIERS.—If loss or injury to
property occurs while it is in the custody of a
water carrier, the liability of that carrier is
determined by its bill of lading and the law applicable to water transportation. The liability
of the initial or delivering carrier is the same
as the liability of the water carrier.
(d) CIVIL ACTIONS.—
(1) AGAINST DELIVERING CARRIER.—A civil action under this section may be brought
against a delivering carrier in a district court
of the United States or in a State court. Trial,
if the action is brought in a district court of
the United States is in a judicial district, and
if in a State court, is in a State through which
the defendant carrier operates.
(2) AGAINST CARRIER RESPONSIBLE FOR LOSS.—
A civil action under this section may be
brought against the carrier alleged to have
caused the loss or damage, in the judicial district in which such loss or damage is alleged
to have occurred.
(3) JURISDICTION OF COURTS.—A civil action
under this section may be brought in a United
States district court or in a State court.
(4) JUDICIAL DISTRICT DEFINED.—In this section, ‘‘judicial district’’ means—
(A) in the case of a United States district
court, a judicial district of the United
States; and
(B) in the case of a State court, the applicable geographic area over which such court
exercises jurisdiction.
(e) MINIMUM PERIOD FOR FILING CLAIMS.—
(1) IN GENERAL.—A carrier may not provide
by rule, contract, or otherwise, a period of less
than 9 months for filing a claim against it
under this section and a period of less than 2
years for bringing a civil action against it
under this section. The period for bringing a
civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice.

§ 14707

TITLE 49—TRANSPORTATION

(2) SPECIAL RULES.—For the purposes of this
subsection—
(A) an offer of compromise shall not constitute a disallowance of any part of the
claim unless the carrier, in writing, informs
the claimant that such part of the claim is
disallowed and provides reasons for such disallowance; and
(B) communications received from a carrier’s insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that
such part of the claim is disallowed, provides
reason for such disallowance, and informs
the claimant that the insurer is acting on
behalf of the carrier.
(f) LIMITING LIABILITY OF HOUSEHOLD GOODS
CARRIERS TO DECLARED VALUE.—
(1) IN GENERAL.—A carrier or group of carriers subject to jurisdiction under subchapter
I or III of chapter 135 may petition the Board
to modify, eliminate, or establish rates for the
transportation of household goods under which
the liability of the carrier for that property is
limited to a value established by written declaration of the shipper or by a written agreement.
(2) FULL VALUE PROTECTION OBLIGATION.—Unless the carrier receives a waiver in writing
under paragraph (3), a carrier’s maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to
the final destination is an amount equal to the
replacement value of such goods, subject to a
maximum amount equal to the declared value
of the shipment and to rules issued by the Surface Transportation Board and applicable tariffs.
(3) APPLICATION OF RATES.—The released
rates established by the Board under paragraph (1) (commonly known as ‘‘released
rates’’) shall not apply to the transportation
of household goods by a carrier unless the liability of the carrier for the full value of such
household goods under paragraph (2) is waived,
in writing, by the shipper.

Page 378

Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title
IV, § 4207, Aug. 10, 2005, 119 Stat. 1757.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in sections 10730 and 11707 of this title prior to
the general amendment of this subtitle by Pub. L.
104–88, § 102(a).
AMENDMENTS
2005—Subsec. (f). Pub. L. 109–59 designated existing
provisions as par. (1), inserted heading, and added pars.
(2) and (3).
1996—Subsec. (g)(3). Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this section’’.
REVIEW OF LIABILITY OF CARRIERS
Pub. L. 109–59, title IV, § 4215, Aug. 10, 2005, 119 Stat.
1760, provided that:
‘‘(a) REVIEW.—Not later than 1 year after the date of
enactment of this Act [Aug. 10, 2005], the Surface
Transportation Board shall complete a review of the
current Federal regulations regarding the level of liability protection provided by motor carriers that provide transportation of household goods and revise such
regulations, if necessary, to provide enhanced protection in the case of loss or damage.
‘‘(b) DETERMINATIONS.—The review required by subsection (a) shall include a determination of—
‘‘(1) whether the current regulations provide adequate protection;
‘‘(2) the benefits of purchase by a shipper of insurance to supplement the carrier’s limitations on liability; and
‘‘(3) whether there are abuses of the current regulations that leave the shipper unprotected in the event
of loss and damage to a shipment of household
goods.’’
[For definitions of ‘‘carrier’’, ‘‘household goods’’,
‘‘motor carrier’’, and ‘‘transportation’’ as used in section 4215 of Pub. L. 109–59, set out above, see section
4202(a) of Pub. L. 109–59, set out as a note under section
13102 of this title.]

§ 14707. Private enforcement of registration requirement

(3) REPORT.—Not later than 12 months after
January 1, 1996, the Secretary shall submit to
Congress a report on the results of the study,
together with any recommendations of the
Secretary (including legislative recommendations) for implementing modifications or reforms identified by the Secretary as being appropriate.

(a) IN GENERAL.—If a person provides transportation by motor vehicle or service in clear violation of section 13901–13904 or 13906, a person injured by the transportation or service may bring
a civil action to enforce any such section. In a
civil action under this subsection, trial is in the
judicial district in which the person who violated that section operates.
(b) PROCEDURE.—A copy of the complaint in a
civil action under subsection (a) shall be served
on the Secretary and a certificate of service
must appear in the complaint filed with the
court. The Secretary may intervene in a civil
action under subsection (a). The Secretary may
notify the district court in which the action is
pending that the Secretary intends to consider
the matter that is the subject of the complaint
in a proceeding before the Secretary. When that
notice is filed, the court shall stay further action pending disposition of the proceeding before
the Secretary.
(c) ATTORNEY’S FEES.—In a civil action under
subsection (a), the court may determine the
amount of and award a reasonable attorney’s fee
to the prevailing party. That fee is in addition
to costs allowable under the Federal Rules of
Civil Procedure.

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 907; amended Pub. L. 104–287, § 5(38),

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 910.)

(g) MODIFICATIONS AND REFORMS.—
(1) STUDY.—The Secretary shall conduct a
study to determine whether any modifications
or reforms should be made to the loss and
damage provisions of this section, including
those related to limitation of liability by carriers.
(2) FACTORS TO CONSIDER.—In conducting the
study, the Secretary, at a minimum, shall
consider—
(A) the efficient delivery of transportation
services;
(B) international and intermodal harmony;
(C) the public interest; and
(D) the interest of carriers and shippers.

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TITLE 49—TRANSPORTATION
REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in
subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11708 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 14708. Dispute settlement program for household goods carriers
(a) OFFERING SHIPPERS ARBITRATION.—As a
condition of registration under section 13902 or
13903, a carrier providing transportation of
household goods subject to jurisdiction under
subchapter I or III of chapter 135 must agree to
offer in accordance with this section to shippers
of household goods arbitration as a means of
settling disputes between such carriers and shippers of household goods concerning damage or
loss to the household goods transported and to
determine whether carrier charges, in addition
to those collected at delivery, must be paid by
shippers for transportation and services related
to transportation of household goods.
(b) ARBITRATION REQUIREMENTS.—
(1) PREVENTION OF SPECIAL ADVANTAGE.—The
arbitration that is offered must be designed to
prevent a carrier from having any special advantage in any case in which the claimant resides or does business at a place distant from
the carrier’s principal or other place of business.
(2) NOTICE OF ARBITRATION PROCEDURE.—The
carrier must provide the shipper an adequate
notice of the availability of neutral arbitration, including a concise easy-to-read, accurate summary of the arbitration procedure,
any applicable costs, and disclosure of the
legal effects of election to utilize arbitration.
Such notice must be given to persons for
whom household goods are to be transported
by the carrier before such goods are tendered
to the carrier for transportation.
(3) PROVISION OF FORMS.—Upon request of a
shipper, the carrier must promptly provide
such forms and other information as are necessary for initiating an action to resolve a dispute under arbitration.
(4) INDEPENDENCE OF ARBITRATOR.—Each person authorized to arbitrate or otherwise settle
disputes must be independent of the parties to
the dispute and must be capable, as determined under such regulations as the Secretary
may issue, to resolve such disputes fairly and
expeditiously. The carrier must ensure that
each person chosen to settle the disputes is authorized and able to obtain from the shipper or
carrier any material and relevant information
to the extent necessary to carry out a fair and
expeditious decisionmaking process.
(5) APPORTIONMENT OF COSTS.—No shipper
may be charged more than half of the cost for
instituting an arbitration proceeding that is
brought under this section. In the decision,
the arbitrator may determine which party
shall pay the cost or a portion of the cost of
the arbitration proceeding, including the cost
of instituting the proceeding.
(6) REQUESTS.—The carrier must not require
the shipper to agree to utilize arbitration

§ 14708

prior to the time that a dispute arises. If the
dispute involves a claim for $10,000 or less and
the shipper requests arbitration, such arbitration shall be binding on the parties. If the dispute involves a claim for more than $10,000 and
the shipper requests arbitration, such arbitration shall be binding on the parties only if the
carrier agrees to arbitration.
(7) ORAL PRESENTATION OF EVIDENCE.—The
arbitrator may provide for an oral presentation of a dispute concerning transportation
of household goods by a party to the dispute
(or a party’s representative), but such oral
presentation may be made only if all parties
to the dispute expressly agree to such presentation and the date, time, and location of such
presentation.
(8) DEADLINE FOR DECISION.—The arbitrator
must, as expeditiously as possible but at least
within 60 days of receipt of written notification of the dispute, render a decision based on
the information gathered; except that, in any
case in which a party to the dispute fails to
provide in a timely manner any information
concerning such dispute which the person settling the dispute may reasonably require to
resolve the dispute, the arbitrator may extend
such 60-day period for a reasonable period of
time. A decision resolving a dispute may include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, compensation for damages, and an order requiring the
payment of additional carrier charges.
(c) LIMITATION ON USE OF MATERIALS.—Materials and information obtained in the course of
a decision making process to settle a dispute by
arbitration under this section may not be used
to bring an action under section 14905.
(d) ATTORNEY’S FEES TO SHIPPERS.—In any
court action to resolve a dispute between a shipper of household goods and a carrier providing
transportation or service subject to jurisdiction
under subchapter I or III of chapter 135 concerning the transportation of household goods by
such carrier, the shipper shall be awarded reasonable attorney’s fees if—
(1) the shipper submits a claim to the carrier
within 120 days after the date the shipment is
delivered or the date the delivery is scheduled,
whichever is later;
(2) the shipper prevails in such court action;
and
(3)(A) the shipper was not advised by the carrier during the claim settlement process that
a dispute settlement program was available to
resolve the dispute;
(B) a decision resolving the dispute was not
rendered through arbitration under this section within the period provided under subsection (b)(8) of this section or an extension of
such period under such subsection; or
(C) the court proceeding is to enforce a decision rendered through arbitration under this
section and is instituted after the period for
performance under such decision has elapsed.
(e) ATTORNEY’S FEES TO CARRIERS.—In any
court action to resolve a dispute between a shipper of household goods and a carrier providing
transportation, or service subject to jurisdiction

§ 14709

TITLE 49—TRANSPORTATION

Page 380

under subchapter I or III of chapter 135 concerning the transportation of household goods by
such carrier, such carrier may be awarded reasonable attorney’s fees by the court only if the
shipper brought such action in bad faith—
(1) after resolution of such dispute through
arbitration under this section; or
(2) after institution of an arbitration proceeding by the shipper to resolve such dispute
under this section but before—
(A) the period provided under subsection
(b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends; and
(B) a decision resolving such dispute is
rendered.

ing from incorrect tariff provisions or billing errors arising from the inadvertent failure to
properly and timely file and maintain agreed
upon rates, rules, or classifications in compliance with section 13702 or, with respect to transportation provided before January 1, 1996, sections 10761 and 10762, as in effect on December 31,
1995. Resolution of such claims among the parties shall not subject any party to the penalties
for departing from a tariff.

(f) LIMITATION OF APPLICABILITY TO COLLECTON-DELIVERY TRANSPORTATION.—The provisions
of this section shall apply only in the case of
collect-on-delivery transportation of household
goods.
(g) REVIEW BY SECRETARY.—Not later than 18
months after January 1, 1996, the Secretary
shall complete a review of the dispute settlement program established under this section. If,
after notice and opportunity for comment, the
Secretary determines that changes are necessary to such program to ensure the fair and
equitable resolution of disputes under this section, the Secretary shall implement such
changes and transmit a report to Congress on
such changes.

This amends 49:14709 by setting out the effective date
of 49:14709 and for clarity and consistency.

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 910; amended Pub. L. 104–287, § 5(38),
Oct. 11, 1996, 110 Stat. 3392; Pub. L. 106–159, title
II, § 209(b), Dec. 9, 1999, 113 Stat. 1764; Pub. L.
109–59, title IV, § 4208, Aug. 10, 2005, 119 Stat.
1757.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11711 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–59, § 4208(a), inserted
‘‘and to determine whether carrier charges, in addition
to those collected at delivery, must be paid by shippers
for transportation and services related to transportation of household goods’’ before period at end.
Subsec. (b)(6). Pub. L. 109–59, § 4208(b), substituted
‘‘$10,000’’ for ‘‘$5,000’’ in two places.
Subsec. (b)(8). Pub. L. 109–59, § 4208(c), substituted
‘‘compensation for damages, and an order requiring the
payment of additional carrier charges’’ for ‘‘and compensation for damages’’.
Subsec. (d)(3). Pub. L. 109–59, § 4208(d), added subpar.
(A) and redesignated former subpars. (A) and (B) as (B)
and (C), respectively.
1999—Subsec. (b)(6). Pub. L. 106–159 substituted
‘‘$5000’’ for ‘‘$1000’’ in two places.
1996—Subsec. (g). Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this section’’.

§ 14709. Tariff reconciliation rules for motor carriers of property
Subject to review and approval by the Board,
motor carriers subject to jurisdiction under subchapter I of chapter 135 (other than motor carriers providing transportation of household
goods) and shippers may resolve, by mutual consent, overcharge and under-charge claims result-

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 912; amended Pub. L. 104–287, § 5(39),
Oct. 11, 1996, 110 Stat. 3392.)
HISTORICAL AND REVISION NOTES
PUB. L. 104–287

REFERENCES IN TEXT
Sections 10761 and 10762, referred to in text, were
omitted in the general amendment of this subtitle by
Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804,
effective Jan. 1, 1996.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11712 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
AMENDMENTS
1996—Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for
‘‘the effective date of this section’’ and ‘‘December 31,
1995’’ for ‘‘the day before the effective date of this section’’.

§ 14710. Enforcement of Federal laws and regulations with respect to transportation of household goods
(a) ENFORCEMENT BY STATES.—Notwithstanding any other provision of this title, a State authority may enforce the consumer protection
provisions of this title that apply to individual
shippers, as determined by the Secretary, and
are related to the delivery and transportation of
household goods in interstate commerce. Any
fine or penalty imposed on a carrier in a proceeding under this subsection shall be paid, notwithstanding any other provision of law, to and
retained by the State.
(b) NOTICE.—The State shall serve written notice to the Secretary or the Board, as the case
may be, of any civil action under subsection (a)
prior to initiating such civil action. The notice
shall include a copy of the complaint to be filed
to initiate such civil action, except that if it is
not feasible for the State to provide such prior
notice, the State shall provide the notice immediately upon instituting such civil action.
ASSISTANCE
OUTREACH
(c)
ENFORCEMENT
PLAN.—The Federal Motor Carrier Safety Administration shall implement an outreach plan
to enhance the coordination and effective enforcement of Federal laws and regulations with
respect to transportation of household goods between and among Federal and State law enforcement and consumer protection authorities. The
outreach shall include, as appropriate, local law
enforcement and consumer protection authorities.
(d) STATE AUTHORITY DEFINED.—In this section, the term ‘‘State authority’’ means an

Page 381

TITLE 49—TRANSPORTATION

agency of a State that has authority under the
laws of the State to regulate the intrastate
movement of household goods.
(Added Pub. L. 109–59, title IV, § 4206(b)(1), Aug.
10, 2005, 119 Stat. 1754; amended Pub. L. 109–115,
div. A, title I, § 173(a), (b), Nov. 30, 2005, 119 Stat.
2426.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–115, § 173(a), (e), temporarily substituted ‘‘a State authority other than the attorney general of the state may, as parens patriae,’’ for
‘‘a State authority may’’ in first sentence and inserted
second sentence which read as follows: ‘‘Any civil action for injunctive relief to enjoin such delivery or
transportation or to compel a person to pay a fine or
penalty assessed under chapter 149 shall be brought in
an appropriate district court of the United States.’’ See
Termination Date of 2005 Amendment note below.
Subsec. (b). Pub. L. 109–115, § 173(b), (e), temporarily
amended subsec. (b) to read as follows: ‘‘EXERCISE OF
ENFORCEMENT AUTHORITY.—The authority of this section shall be exercised subject to the requirements of
sections 14711(b)–(f) of this title.’’ See Termination
Date of 2005 Amendment note below.
TERMINATION DATE OF 2005 AMENDMENT
Pub. L. 109–115, div. A, title I, § 173(e), Nov. 30, 2005, 119
Stat. 2426, provided that: ‘‘The amendments made by
this section [amending this section and section 14711 of
this title] shall cease to be in effect after September 30,
2006.’’
WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND
PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS
Pub. L. 109–59, title IV, § 4213, Aug. 10, 2005, 119 Stat.
1759, provided that:
‘‘(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act [Aug. 10, 2005], the Secretary shall establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials
for the purpose of developing practices and procedures
to enhance the Federal-State partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate
transportation of household goods and of making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts.
‘‘(b) CONSULTATION.—In carrying out subsection (a),
the working group shall consult with industries involved in the transportation of household goods, the
public, and other interested parties.
‘‘(c) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—
The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working group established under
subsection (a).
‘‘(d) TERMINATION DATE.—The working group shall remain in effect until September 30, 2009.’’
[For definitions of ‘‘household goods’’, ‘‘Secretary’’,
and ‘‘transportation’’ as used in section 4213 of Pub. L.
109–59, set out above, see section 4202(a) of Pub. L.
109–59, set out as a note under section 13102 of this
title.]

§ 14711. Enforcement by State attorneys general
(a) IN GENERAL.—A State, as parens patriae,
may bring a civil action on behalf of its residents in an appropriate district court of the
United States to enforce the consumer protection provisions of this title that apply to individual shippers, as determined by the Secretary,
and are related to the delivery and transportation of household goods by a household goods
motor carrier subject to jurisdiction under subchapter I of chapter 135 or regulations or orders

§ 14711

of the Secretary or the Board issued under such
provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the State
has reason to believe that the interests of the
residents of the State have been or are being
threatened or adversely affected by a carrier or
broker providing transportation subject to jurisdiction under subchapter I or III of chapter 135
or a foreign motor carrier providing transportation that is registered under section 13902 and
is engaged in household goods transportation
that violates this part or a regulation or order
of the Secretary or Board, as applicable, issued
under this part.
(b) NOTICE AND CONSENT.—
(1) IN GENERAL.—The State shall serve written notice to the Secretary or the Board, as
the case may be, of any civil action under subsection (a) prior to initiating such civil action.
The notice shall include a copy of the complaint to be filed to initiate such civil action.
(2) CONDITIONS.—The Secretary or the
Board—
(A) shall review the initiation of a civil action under this section by a State if—
(i) the carrier or broker that is the subject of the action is not registered with the
Department of Transportation;
(ii) the license of the carrier or broker
for failure to file proof of required bodily
injury or cargo liability insurance is pending, or the license has been revoked for
any other reason by the Department;
(iii) the carrier is not rated or has received a conditional or unsatisfactory
safety rating by the Department; or
(iv) the carrier or broker has been licensed with the Department for less than 5
years; and
(B) may review if the carrier or broker
fails to meet criteria developed by the Secretary that are consistent with this section.
(3) CONGRESSIONAL NOTIFICATION.—The Secretary shall notify the Committee on Commerce, Science, and Transportation, of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representatives of any criteria developed by the Secretary under paragraph (2)(B).
(4) 60-DAY DEADLINE.—The Secretary or the
Board shall be considered to have consented to
any civil action of a State under this section
if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under
paragraph (1).
(c) AUTHORITY TO INTERVENE.—Upon receiving
the notice required by subsection (b), the Secretary or board may intervene in a civil action
of a State under this section and upon intervening—
(1) be heard on all matters arising in such
civil action; and
(2) file petitions for appeal of a decision in
such civil actions.
(d) CONSTRUCTION.—For purposes of bringing
any civil action under subsection (a), nothing in
this section shall—

§ 14901

TITLE 49—TRANSPORTATION

(1) convey a right to initiate or maintain a
class action lawsuit in the enforcement of a
Federal law or regulation; or
(2) prevent the attorney general of a State
from exercising the powers conferred on the
attorney general by the laws of such State to
conduct investigations or to administer oaths
or affirmations or to compel the attendance of
witnesses or the production of documentary
and other evidence.
(e) VENUE; SERVICE OF PROCESS.—In a civil action brought under subsection (a)—
(1) the venue shall be a Federal judicial district in which—
(A) the carrier, foreign motor carrier, or
broker operates;
(B) the carrier, foreign motor carrier, or
broker was authorized to provide transportation at the time the complaint arose; or
(C) where the defendant in the civil action
is found;
(2) process may be served without regard to
the territorial limits of the district or of the
State in which the civil action is instituted;
and
(3) a person who participated with a carrier
or broker in an alleged violation that is being
litigated in the civil action may be joined in
the civil action without regard to the residence of the person.
(f) ENFORCEMENT OF STATE LAW.—Nothing contained in this section shall prohibit an authorized State official from proceeding in State
court to enforce a criminal statute of such
State.
(Added Pub. L. 109–59, title IV, § 4206(b)(1), Aug.
10, 2005, 119 Stat. 1755; amended Pub. L. 109–115,
div. A, title I, § 173(c), (d), Nov. 30, 2005, 119 Stat.
2426.)
AMENDMENTS
2005—Subsec. (b)(1). Pub. L. 109–115, § 173(c), (e), temporarily inserted at end ‘‘The State may initiate a civil
action under subsection (a) if it is reviewable under
subsection (b)(2).’’ See Termination Date of 2005
Amendment note below.
Subsec. (b)(4). Pub. L. 109–115, § 173(d), (e), temporarily
inserted ‘‘that is subject to review under subsection
(b)(2)’’ before ‘‘if the Secretary’’. See Termination Date
of 2005 Amendment note below.
TERMINATION DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–115 to cease to be in effect
after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115,
set out as a note under section 14710 of this title.

CHAPTER 149—CIVIL AND CRIMINAL
PENALTIES
Sec.

14901.
14902.
14903.
14904.
14905.
14906.
14907.
14908.
14909.
14910.

General civil penalties.
Civil penalty for accepting rebates from carrier.
Tariff violations.
Additional rate violations.
Penalties for violations of rules relating to
loading and unloading motor vehicles.
Evasion of regulation of carriers and brokers.
Recordkeeping and reporting violations.
Unlawful disclosure of information.
Disobedience to subpoenas.
General civil penalty when specific penalty
not provided.

Page 382

Sec.

14911.
14912.
14913.
14914.
14915.

Punishment of corporation for violations
committed by certain individuals.
Weight-bumping in household goods transportation.
Conclusiveness of rates in certain prosecutions.
Civil penalty procedures.
Penalties for failure to give up possession of
household goods.
AMENDMENTS

2005—Pub. L. 109–59, title IV, § 4210(b), Aug. 10, 2005,
119 Stat. 1759, added item 14915.

§ 14901. General civil penalties
(a) REPORTING AND RECORDKEEPING.—A person
required to make a report to the Secretary or
the Board, answer a question, or make, prepare,
or preserve a record under this part concerning
transportation subject to jurisdiction under subchapter I or III of chapter 135 or transportation
by a foreign carrier registered under section
13902, or an officer, agent, or employee of that
person that—
(1) does not make the report;
(2) does not specifically, completely, and
truthfully answer the question;
(3) does not make, prepare, or preserve the
record in the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty
of not less than $500 for each violation and for
each additional day the violation continues; except that, in the case of a person who is not registered under this part to provide transportation
of passengers, or an officer, agent, or employee
of such person, that does not comply with section 13901 with respect to providing transportation of 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.—
(1) IN GENERAL.—If a carrier providing transportation of household goods subject to juris-