49 U.S.C. § 14903 — Tariff violations

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who gives or gets a shipping rate different from the official filed tariff can be fined up to $100,000 per violation. A carrier that willfully ignores its own tariffs can also face criminal fines or up to 2 years in prison. Actions by a company's employees count as the company's own actions too.

(a) Civil Penalty for Undercharging and Overcharging. A person who offers, grants, gives, solicits, accepts, or receives, by any means, transportation or service for property at a rate different from the rate in effect under section 13702 of this title is liable to the United States for a civil penalty of not more than $100,000 for each violation. (b) General Criminal Penalty. A carrier -- or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation subject to this chapter -- that willfully does not observe its tariffs as required under section 13702, shall be fined under title 18 or imprisoned not more than 2 years, or both. (c) Actions of Agents and Employees. When acting within the scope of their employment, the actions and omissions of people acting for or employed by a carrier or shipper covered by this section count as the actions and omissions of that carrier or shipper as well as of that person. (d) Venue. A criminal action under this section is tried in the judicial district where any part of the violation was committed, or through which the transportation was conducted.

the actual law source: uscode.house.gov ↗public domain

(a)Civil Penalty for Undercharging and Overcharging.—

A person that offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a carrier subject to jurisdiction under chapter 135 at a rate different than the rate in effect under section 13702 is liable to the United States for a civil penalty of not more than $100,000 for each violation.

(b)General Criminal Penalty.—

A carrier providing transportation or service subject to jurisdiction under chapter 135 or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to jurisdiction under that chapter, that willfully does not observe its tariffs as required under section 13702, shall be fined under title 18 or imprisoned not more than 2 years, or both.

(c)Actions of Agents and Employees.—

When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to this section are considered to be the actions and omissions of that carrier or shipper as well as that person.

(d)Venue.—

Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915; amended Pub. L. 105–102, § 2(12), Nov. 20, 1997, 111 Stat. 2205.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-88 · 109 Stat. 915
1997Amended · Pub. L. 105-102 · 111 Stat. 2205

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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