49 U.S.C. § 13907 — Household goods agents
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 784 words · no verdicts yet
This law makes moving companies responsible for their household goods agents' actions. Companies must carefully choose agents who are fit and able to do the job. The Secretary can hold hearings, order agents to shape up, and courts can review those orders.
(a) Carriers Responsible for Agents. Every motor carrier* that moves household goods is responsible for anything its agents do or fail to do, as long as it relates to household goods transportation (including loading, storage, and terminal services). This is true whether the agent acted with the carrier's actual authority, apparent authority, or the carrier* later approved ("ratified") the act.
(b) Standard for Selecting Agents. Each carrier must use due diligence and reasonable care when picking and keeping agents. The agents must be knowledgeable, fit, willing, and able to provide good household goods service and to meet the duties this part and the carrier impose on them.
(c) Enforcement. If the Secretary* has reason to believe, from a complaint or investigation, that an agent violated section 14901(e) or 14912, or is not consistently fit, willing, and able to do the job, the Secretary can file a complaint against the agent. The complaint states the charges and sets a hearing date, which must happen within 60 days of serving the complaint. The agent has the right to show up at the hearing and fight the charges. If the agent doesn't show up, or if the Secretary finds the agent did violate the law or isn't fit, willing, and able, the Secretary can order the agent to comply. If the agent still willfully ignores that order -- after a reasonable time, but never less than 30 days -- the Secretary can then, after another notice and hearing, issue an order limiting, restricting, or banning the agent from household goods work. An agent hit with that second-level order can ask the Secretary for a new hearing to decide whether the order should be canceled. An agent who is harmed by any order under this subsection can ask a U.S. court of appeals to review it, following the process in chapter 158 of title 28.
(d) Limitation on Applicability of Antitrust Laws. The federal antitrust laws (as defined in the Clayton Act) do not apply to discussions or agreements between a household goods carrier and its agents -- even if the agent is also a carrier -- about four specific topics: rates for hauling household goods under the main carrier's authority; extra charges like storage or terminal fees for that same freight; allowances tied to that freight; and an agent's ownership of, or board* seat at, a household goods carrier. The Board must review any such discussions or agreements on its own initiative or on request, and can change or stop them if needed to protect the public.
(e) Definitions. "Household goods" keeps the meaning it had under the old section 10102(11), as that section read on December 31, 1995. "Transportation" means transportation that would have been under the Interstate Commerce Commission's authority under the old subchapter II of chapter 105, as that subchapter read on December 31, 1995.
Each motor carrier* providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the carrier* or which are ratified by the carrier.
Each motor carrier providing transportation of household goods shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such carrier.
Whenever the Secretary* has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor carrier providing transportation of household goods has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.
The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
If the agent does not appear at the hearing or if the Secretary finds that the agent has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the Secretary may issue an order to limit, condition, or prohibit such agent from any involvement in the transportation or provision of services incidental to the transportation of household goods if, after notice and an opportunity for a hearing, the Secretary finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order.
Upon filing of a petition with the Secretary by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.
Any agent adversely affected or aggrieved by an order of the Secretary issued under this subsection may seek relief in the appropriate United States* court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code.
The antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements between a motor carrier providing transportation of household goods and its agents (whether or not an agent is also a carrier) related solely to—
rates for the transportation of household goods under the authority of the principal carrier;
accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier;
allowances relating to transportation of household goods under the authority of the principal carrier; and
ownership of a motor carrier providing transportation of household goods by an agent or membership on the board* of directors of any such motor carrier by an agent.
The Board, upon its own initiative or request, shall review any activities undertaken under paragraph (1) and shall modify or terminate the activity if necessary to protect the public interest.
In this section, the following definitions apply:
The term “household goods” has the meaning such term had under section 10102(11) of this title, as in effect on December 31, 1995.
The term “transportation” means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995, if such subchapter were still in effect.
Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 887; amended Pub. L. 104–287, § 5(35), Oct. 11, 1996, 110 Stat. 3392.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 887
- 1996Amended · Pub. L. 104-287 · 110 Stat. 3392
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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