49 U.S.C. § 13707 — Payment of rates
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 410 words · no verdicts yet
Carriers must generally hold delivered goods until they're paid, but there are exceptions. For household goods, carriers must release goods once the customer pays a set percentage of the estimated charges.
(a) Transfer of Possession Upon Payment: Except as (b) allows, a carrier* under this part's jurisdiction must only release goods at their destination once it's been paid for the transportation* or service.
(b) Exceptions.
(1) Regulations: Under Secretary* regulations that govern payment and prevent discrimination, carriers may release goods before payment. These regulations can set up weekly or monthly payment for motor carriers, and periodic payment for water carriers.
(2) Extensions of credit to governmental entities: A carrier — including a motor carrier* working for a household goods freight forwarder* — may extend credit when moving property for the U.S. Government, a state*, a U.S. territory or possession, or one of their political subdivisions.
(3) Shipments of household goods: (A) In general: A household goods carrier must release the goods at delivery once it's paid: (i) 100% of the charges in a binding estimate it gave; (ii) no more than 110% of the charges in a nonbinding estimate; or (iii) for a partial delivery, the prorated share worked out under (B). (B) Calculation of prorated charges: For (A)(iii), figure the prorated percentage by taking the percentage of the shipment's total weight that has been delivered, and applying that percentage to the total charges from (A)(i) or (ii). (C) Post-contract services: (A) doesn't cover extra services a shipper asks for after signing the contract that weren't in the estimate. (D) Impracticable operations: (A) doesn't cover "impracticable operations," as the carrier's tariff defines them, except that charges collected at delivery for those operations can't exceed 15% of all other charges due at delivery. Any remaining charges must be paid within 30 days after the carrier sends its freight bill.
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.
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.
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.
A carrier providing transportation of a shipment of household goods shall give up possession of the household goods being transported at the destination upon payment of—
100 percent of the charges contained in a binding estimate provided by the carrier;
not more than 110 percent of the charges contained in a nonbinding estimate provided by the carrier; or
in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with subparagraph (B).
For purposes of subparagraph (A)(iii), the prorated percentage of the charges shall be the percentage of the total charges due to the carrier as described in clause (i) or (ii) of subparagraph (A) that is equal to the percentage of the weight of that portion of the shipment delivered to the total weight of the shipment.
Subparagraph (A) does not apply to additional services requested by a shipper after the contract of service is executed that were not included in the estimate.
Subparagraph (A) does not apply to impracticable operations, as defined by the applicable carrier tariff, except that the charges collected at delivery for such operations shall not exceed 15 percent of all other charges due at delivery. Any remaining charges due shall be paid within 30 days after the carrier presents its freight bill.
Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 873; amended Pub. L. 109–59, title IV, § 4203, Aug. 10, 2005, 119 Stat. 1752.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 873
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1752
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
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