2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle IV - Interstate Transportation (Sections 10101 - 16106)
Part B - Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Sections 13101 - 14916)
Chapter 137 - Rates and Through Routes (Sections 13701 - 13713)
Sec. 13704 - Household goods rates-estimates; guarantees of service
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS CHAPTER 137 - RATES AND THROUGH ROUTES Sec. 13704 - Household goods rates-estimates; guarantees of service |
Contains | section 13704 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-88, title I, §103, Dec. 29, 1995, 109 Stat. 872. |
Statutes at Large Reference | 109 Stat. 872 |
Public and Private Law | Public Law 104-88 |
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(a) In General.—
(1) Authority.—Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish a rate for the transportation of household goods which is based on the carrier's written, binding estimate of charges for providing such transportation.
(2) Nonpreferential; nonpredatory.—Any rate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.
(b) Rates for Guaranteed Service.—
(1) Authority.—Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish rates for the transportation of household goods which guarantee that the carrier will pick up and deliver such household goods at the times specified in the contract for such services and provide a penalty or per diem payment in the event the carrier fails to pick up or deliver such household goods at the specified time. The charges, if any, for such guarantee and penalty provision may vary to reflect one or more options available to meet a particular shipper's needs.
(2) Authority of secretary to require nonguaranteed service rates.—Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Secretary may require such carrier to have in effect and keep in effect, during any period such rate is in effect under paragraph (1), a rate for such service which does not guarantee the pick up and delivery of household goods at the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the carrier fails to pick up or deliver household goods at the specified time.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
PRIOR PROVISIONSProvisions similar to those in this section were contained in section 10735 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
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