49 U.S.C. § 13701 — Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 467 words · no verdicts yet
This law requires certain carrier rates, especially for household goods and noncontiguous trade, to be reasonable. The Board can set rates to stop violations. Shippers can file complaints and get money back if rates were too high.
(a) Reasonableness.
(1) Certain household goods transportation*; joint rates involving water transportation: A rate, classification, rule, or practice for a carrier* under chapter 135's jurisdiction must be reasonable if it involves: (A) moving household goods; (B) a rate for moving goods by or with a water carrier* in noncontiguous domestic trade*; or (C) rates, rules, and classifications carriers set together under agreements approved under section 13703.
(2) Through routes and divisions of joint rates: Through routes and how joint rates get divided for that transportation must also be reasonable.
(b) Prescription by Board* for Violations: When the Board finds it needs to stop or prevent a violation of (a), the Board must set the rate, classification, rule, practice, through route, or division of joint rates that should apply.
(c) Filing of Complaint: Someone can file a complaint with the Board claiming a rate, classification, rule, or practice in noncontiguous domestic trade breaks (a).
(d) Zone of Reasonableness.
(1) In general: A motor carrier's rate or division for noncontiguous domestic trade, or a water carrier's rate for port-to-port service in that trade, counts as reasonable if the total change is no more than 7.5% above, or 10% below, what it was one year before the new rate's effective date.
(2) Adjustments to the zone: Those percentages go up or down based on how much the Producers Price Index, published by the Department of Labor, changed in the most recent year before the rate took effect.
(3) Determinations after complaint: If a complaint is filed under (c) or section 13702(b)(6), the Board must decide whether a rate or division outside the range in (1) is reasonable.
(4) Reparations: If the Board finds a violation of (a), it must award the shipper who complained money equal to everything charged and collected above the reasonable rate. If a government agency complains and the Board finds a violation, the Board must issue orders requiring the carrier to pay back, as much as practical, everything it wrongly collected, plus interest.
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 movement of household goods,
a rate for a movement by or with a water carrier* in noncontiguous domestic trade*, or
rates, rules, and classifications made collectively by motor carriers under agreements approved pursuant to section 13703,
must be reasonable.
Through routes and divisions of joint rates for such transportation or service must be reasonable.
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.
A complaint that a rate, classification, rule, or practice in noncontiguous domestic trade violates subsection (a) may be filed with the Board.
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.
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.
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).
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 credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 867.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 867
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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