49 U.S.C. § 14916 — Unlawful brokerage activities
submitted 14 years ago by Pub. L. 112-141 to r/title-49-TRANSPORTATION · 315 words · no verdicts yet
Only registered, financially secured brokers may arrange interstate freight transportation, with narrow exceptions for certain ocean, customs, and air carriers. Violators owe the government up to $10,000 per violation and owe injured parties their full losses. A company and its individual officers can all be held liable together.
A person may provide interstate brokerage services as a broker* only if that person—
is registered under, and in compliance with, section 13904; and
has satisfied the financial security requirements under section 13906.
Subsection (a) shall not apply to—
a non-vessel*-operating common carrier* (as defined in section 40102 of title 46) or an ocean freight forwarder* (as defined in section 40102 of title 46) when arranging for inland transportation* as part of an international through movement involving ocean transportation between the United States* and a foreign port;
a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or
an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging in the activities as an air carrier as defined in section 40102(2) or in the activities defined in section 40102(3).
Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable—
to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and
to the injured party for all valid claims incurred without regard to amount.
The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally—
to any corporate entity or partnership involved; and
to the individual officers, directors, and principals of such entities.
Source credit: (Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827; amended Pub. L. 114–94, div. A, title V, § 5508(a)(5), Dec. 4, 2015, 129 Stat. 1554.)
- 2012Enacted · Pub. L. 112-141 · 126 Stat. 827
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1554
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-141 on 2012-07-06.
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