49 U.S.C. § 14101 — Providing transportation and service
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 201 words · no verdicts yet
A carrier covered by chapter 135 must provide transportation or service when reasonably asked. Motor carriers must offer safe, adequate equipment and facilities too. Carriers and shippers can sign contracts that waive certain legal rights, but not safety or insurance rules.
(a) On Reasonable Request. A carrier* whose transportation* or service falls under chapter 135's jurisdiction must provide that transportation or service whenever someone reasonably asks for it. On top of that, a motor carrier* must provide safe and adequate service, equipment, and facilities.
(b) Contracts With Shippers. (1) In general. A carrier covered by chapter 135 can sign a contract with a shipper to provide specific services at specific rates and conditions. This doesn't apply to household goods moves as described in section 13102(10)(A). If the shipper and carrier put it in writing that they are expressly giving up ("waiving") some or all of their rights and remedies under this part for that contract's shipments, then those shipments are not covered by the rights they waived, and nobody can later challenge the deal by claiming it broke those waived rights. However, the parties can never waive the rules about registration, insurance, or safety fitness -- those always apply. (2) Remedy for breach of contract. If someone claims a party broke a contract made under this subsection, the only way to sue over it is in an appropriate state* court or federal district court, unless the parties have agreed to handle it some other way.
A carrier* providing transportation* or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier* shall provide safe and adequate service, equipment, and facilities.
A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.
The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State* court or United States* district court, unless the parties otherwise agree.
Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 890.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 890
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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