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49 U.S.C. § 14904Additional rate violations

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 259 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who offers or accepts illegal rebates for motor carrier shipping owes a penalty of $200 for a first offense and $250 after that. Freight forwarders and others who let customers pay less than the tariff rate for freight-forwarder service owe up to $500 the first time and up to $2,000 after that.

(a) Rebates by Agents. A person -- or an officer, employee, or agent of that person -- who (1) offers, grants, gives, solicits, accepts, or receives a rebate or concession in violation of a motor carrier provision of this part, subject to jurisdiction under subchapter I of chapter 135, or (2) by any means assists or permits another person to get transportation subject to that subchapter at less than the rate in effect under section 13702 of this title, is liable to the United States for a civil penalty of $200 for the first violation and $250 for each violation after that. (b) Undercharging. (1) Freight forwarder. A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135 -- or an officer, agent, or employee of that freight forwarder -- who assists a person in getting, or willingly permits a person to get, service at less than the rate in effect under section 13702, is liable for a civil penalty of not more than $500 for the first violation and not more than $2,000 for each violation after that. (2) Others. A person who by any means gets, or attempts to get, service under subchapter III of chapter 135 at less than the rate in effect under section 13702, is liable for the same civil penalty: not more than $500 for the first violation and not more than $2,000 for each violation after that.
the actual law source: uscode.house.gov ↗public domain
(a)Rebates by Agents.—

A person, or an officer, employee, or agent of that person, that—

(1)

offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or

(2)

by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,

is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.

(b)Undercharging.—
(1)Freight forwarder.—

A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135, or an officer, agent, or employee of that freight forwarder, that assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

(2)Others.—

A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 915

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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