49 U.S.C. § 14915 — Penalties for failure to give up possession of household goods
submitted 21 years ago by Pub. L. 109-59 to r/title-49-TRANSPORTATION · 381 words · no verdicts yet
A person who holds a household-goods shipment hostage owes the United States at least $10,000 for each violation and may face an order to return the goods, registration suspension, or criminal punishment. The section defines the knowing and willful failure covered by it.
(a) Civil penaltyn(1) Anyone found holding a household-goods shipment hostage is liable to the United States* for at least $10,000 for each violation. The United States may give all or part of the penalty to an aggrieved shipper, using criteria set by the Secretary* of Transportation*. After notice and an opportunity for a proceeding, the Secretary may order the person to return the goods to an aggrieved shipper.n(2) Each day a carrier* fails to give up possession of household goods may be a separate violation.n(3) If the person is a carrier or broker*, the Secretary may suspend that carrier’s or broker’s registration under chapter 139 for 12 to 36 months. The suspension also applies to any carrier or broker with the same ownership or operational control as the suspended carrier or broker.n(4) This section does not prevent the Secretary from accepting partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding enforcement of any part of a civil penalty in abeyance.nn(b) Criminal penaltynA person convicted of having failed to give up possession of household goods may be fined under title 18, imprisoned for up to 2 years, or both.nn(c) Failure To Give Up Possession of Household Goods DefinednFor this section, “failed to give up possession of household goods” means knowingly and willfully failing, in violation of a contract, to deliver household goods to, or unload them at, the shipment’s destination. The shipment must be household goods transportation subject to subchapter I or III of chapter 135 of this title. The motor carrier* providing the transportation must have estimated the charges, and the shipper must have tendered a payment described in section 13707(b)(3)(A)(i), (ii), or (iii).
Whoever is found holding a household goods shipment hostage is liable to the United States* for a civil penalty of not less than $10,000 for each violation. The United States may assign all or a portion of the civil penalty to an aggrieved shipper. The Secretary* of Transportation* shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper.
Each day a carrier* is found to have failed to give up possession of household goods may constitute a separate violation.
If the person found holding a shipment hostage is a carrier or broker*, the Secretary may suspend for a period of not less than 12 months nor more than 36 months the registration of such carrier or broker under chapter 139. The force and effect of such suspension of a carrier or broker shall extend to and include any carrier or broker having the same ownership or operational control as the suspended carrier or broker.
Nothing in this section shall be construed as prohibiting the Secretary from accepting partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.
Whoever has been convicted of having failed to give up possession of household goods shall be fined under title 18 or imprisoned for not more than 2 years, or both.
For purposes of this section, the term “failed to give up possession of household goods” means the knowing and willful failure, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods that is subject to jurisdiction under subchapter I or III of chapter 135 of this title, for which charges have been estimated by the motor carrier* providing transportation of such goods, and for which the shipper has tendered a payment described in clause (i), (ii), or (iii) of section 13707(b)(3)(A).
Source credit: (Added Pub. L. 109–59, title IV, § 4210(a), Aug. 10, 2005, 119 Stat. 1758; amended Pub. L. 112–141, div. C, title II, §§ 32922(b), 32923(b), July 6, 2012, 126 Stat. 828.)
- 2005Enacted · Pub. L. 109-59 · 119 Stat. 1758
- 2012Amended · Pub. L. 112-141 · 126 Stat. 828
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-59 on 2005-08-10.
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