49 U.s.c. 13906

§ 13906

TITLE 49—TRANSPORTATION

‘‘Without regard to subchapter II of chapter 5 of title
5, the Secretary shall revoke the registration of a
motor carrier of passengers if the Secretary finds that
such carrier has been conducting unsafe operations
which are an imminent hazard to public health or property.’’
2008—Subsec. (d)(1)(A). Pub. L. 110–291 inserted ‘‘(including the accessibility requirements established by
the Secretary under subpart H of part 37 of title 49,
Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue, for transportation provided by an
over-the-road bus)’’ after ‘‘Board’’.
2005—Subsecs. (b) to (d). Pub. L. 109–59, § 4303(a), added
subsec. (b) and redesignated former subsecs. (b) and (c)
as (c) and (d), respectively. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–59, § 4303(a)(1), redesignated
subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 109–59, § 4104(1), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘Without regard to subchapter II of
chapter 5 of title 5, the Secretary may suspend the registration of a motor carrier, a freight forwarder, or a
broker for failure to comply with safety requirements
of the Secretary or the safety fitness requirements pursuant to section 13904(c), 13906, or 31144 of this title, or
an order or regulation of the Secretary prescribed
under those sections.’’
Subsec. (e)(2). Pub. L. 109–59, § 4104(2), substituted
‘‘shall revoke the registration’’ for ‘‘may suspend a registration’’.
Subsec. (e)(3). Pub. L. 109–59, § 4104(3), added par. (3)
and struck out heading and text of former par. (3). Text
read as follows: ‘‘The Secretary may suspend under this
subsection the registration only after giving notice of
the suspension to the registrant. The suspension remains in effect until the registrant complies with those
applicable sections or, in the case of a suspension under
paragraph (2), until the Secretary revokes such suspension.’’
Subsec. (f). Pub. L. 109–59, § 4303(a)(1), redesignated
subsec. (e) as (f).
1999—Subsec. (c). Pub. L. 106–159 inserted par. (1) designation and heading, inserted ‘‘(A)’’ before ‘‘suspend’’,
added cl. (B), realigned par. (1) margins, and added par.
(2).
1997—Subsec. (e)(1). Pub. L. 105–102 struck out comma
after ‘‘31144’’.
1996—Subsec. (a). Pub. L. 104–287 substituted ‘‘December 31, 1995’’ for ‘‘the day before the effective date of
this section’’.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.
RELATIONSHIP TO OTHER LAWS
Except as provided in sections 14504, 14504a, and 14506
of this title, subtitle C (§§ 4301–4308) of title IV of Pub.
L. 109–59 is not intended to prohibit any State or any
political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect
to a motor carrier, motor private carrier, broker,
freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L.
109–59, set out as a note under section 13902 of this title.

§ 13906. Security of motor carriers, motor private
carriers, brokers, and freight forwarders
(a) MOTOR CARRIER REQUIREMENTS.—

Page 418

(1) LIABILITY INSURANCE REQUIREMENT.—The
Secretary may register a motor carrier under
section 13902 only if the registrant files with
the Secretary a bond, insurance policy, or
other type of security approved by the Secretary, in an amount not less than such
amount as the Secretary prescribes pursuant
to, or as is required by, sections 31138 and
31139, and the laws of the State or States in
which the registrant is operating, to the extent applicable. The security must be sufficient to pay, not more than the amount of the
security, for each final judgment against the
registrant for bodily injury to, or death of, an
individual resulting from the negligent operation, maintenance, or use of motor vehicles,
or for loss or damage to property (except property referred to in paragraph (3) 1 of this subsection), or both. A registration remains in effect only as long as the registrant continues to
satisfy the security requirements of this paragraph.
(2) SECURITY REQUIREMENT.—Not later than
120 days after the date of enactment of the
Unified Carrier Registration Act of 2005, any
person, other than a motor private carrier,
registered with the Secretary to provide transportation or service as a motor carrier under
section 13905(b) shall file with the Secretary a
bond, insurance policy, or other type of security approved by the Secretary, in an amount
not less than required by sections 31138 and
31139.
(3) AGENCY REQUIREMENT.—A motor carrier
shall comply with the requirements of sections 13303 and 13304. To protect the public, the
Secretary may require any such motor carrier
to file the type of security that a motor carrier is required to file under paragraph (1) of
this subsection. This paragraph only applies to
a foreign motor private carrier and foreign
motor carrier operating in the United States
to the extent that such carrier is providing
transportation between places in a foreign
country or between a place in one foreign
country and a place in another foreign country.
(4) TRANSPORTATION INSURANCE.—The Secretary may require a registered motor carrier
to file with the Secretary a type of security
sufficient to pay a shipper or consignee for
damage to property of the shipper or consignee placed in the possession of the motor
carrier as the result of transportation provided under this part. A carrier required by
law to pay a shipper or consignee for loss,
damage, or default for which a connecting
motor carrier is responsible is subrogated, to
the extent of the amount paid, to the rights of
the shipper or consignee under any such security.
(b) BROKER FINANCIAL
MENTS.—
(1) REQUIREMENTS.—
(A) IN GENERAL.—The

SECURITY

REQUIRE-

Secretary may register a person as a broker under section 13904
only if the person files with the Secretary a
surety bond, proof of trust fund, or other fi-

1 See

References in Text note below.

Page 419

TITLE 49—TRANSPORTATION

nancial security, or a combination thereof,
in a form and amount, and from a provider,
determined by the Secretary to be adequate
to ensure financial responsibility.
(B) USE OF A GROUP SURETY BOND, TRUST
FUND, OR OTHER SURETY.—In implementing
the standards established by subparagraph
(A), the Secretary may authorize the use of
a group surety bond, trust fund, or other financial security, or a combination thereof,
that meets the requirements of this subsection.
(C) PROOF OF TRUST OR OTHER FINANCIAL
SECURITY.—For purposes of subparagraph
(A), a trust fund or other financial security
may be acceptable to the Secretary only if
the trust fund or other financial security
consists of assets readily available to pay
claims without resort to personal guarantees
or collection of pledged accounts receivable.
(2) SCOPE OF FINANCIAL RESPONSIBILITY.—
(A) PAYMENT OF CLAIMS.—A surety bond,
trust fund, or other financial security obtained under paragraph (1) shall be available
to pay any claim against a broker arising
from its failure to pay freight charges under
its contracts, agreements, or arrangements
for transportation subject to jurisdiction
under chapter 135 if—
(i) subject to the review by the surety
provider, the broker consents to the payment;
(ii) in any case in which the broker does
not respond to adequate notice to address
the validity of the claim, the surety provider determines that the claim is valid; or
(iii) the claim is not resolved within a
reasonable period of time following a reasonable attempt by the claimant to resolve the claim under clauses (i) and (ii),
and the claim is reduced to a judgment
against the broker.
(B) RESPONSE OF
CLAIMS.—If a surety

SURETY

PROVIDERS

TO

provider receives notice
of a claim described in subparagraph (A), the
surety provider shall—
(i) respond to the claim on or before the
30th day following the date on which the
notice was received; and
(ii) in the case of a denial, set forth in
writing for the claimant the grounds for
the denial.
(C) COSTS AND ATTORNEY’S FEES.—In any
action against a surety provider to recover
on a claim described in subparagraph (A),
the prevailing party shall be entitled to recover its reasonable costs and attorney’s
fees.

(3) MINIMUM FINANCIAL SECURITY.—Each
broker subject to the requirements of this section shall provide financial security of $75,000
for purposes of this subsection, regardless of
the number of branch offices or sales agents of
the broker.
(4) CANCELLATION NOTICE.—If a financial security required under this subsection is canceled—
(A) the holder of the financial security
shall provide electronic notification to the

§ 13906

Secretary of the cancellation not later than
30 days before the effective date of the cancellation; and
(B) the Secretary shall immediately post
such notification on the public Internet
Website of the Department of Transportation.
(5) SUSPENSION.—The Secretary shall immediately suspend the registration of a broker issued under this chapter if the available financial security of that person falls below the
amount required under this subsection.
(6) PAYMENT OF CLAIMS IN CASES OF FINANCIAL
FAILURE OR INSOLVENCY.—If a broker registered
under this chapter experiences financial failure or insolvency, the surety provider of the
broker shall—
(A) submit a notice to cancel the financial
security to the Administrator in accordance
with paragraph (4);
(B) publicly advertise for claims for 60
days beginning on the date of publication by
the Secretary of the notice to cancel the financial security; and
(C) pay, not later than 30 days after the expiration of the 60-day period for submission
of claims—
(i) all uncontested claims received during such period; or
(ii) a pro rata share of such claims if the
total amount of such claims exceeds the financial security available.
(7) PENALTIES.—
(A) CIVIL ACTIONS.—Either the Secretary
or the Attorney General of the United States
may bring a civil action in an appropriate
district court of the United States to enforce
the requirements of this subsection or a regulation prescribed or order issued under this
subsection. The court may award appropriate relief, including injunctive relief.
(B) CIVIL PENALTIES.—If the Secretary determines, after notice and opportunity for a
hearing, that a surety provider of a broker
registered under this chapter has violated
the requirements of this subsection or a regulation prescribed under this subsection, the
surety provider shall be liable to the United
States for a civil penalty in an amount not
to exceed $10,000.
(C) ELIGIBILITY.—If the Secretary determines, after notice and opportunity for a
hearing, that a surety provider of a broker
registered under this chapter has violated
the requirements of this subsection or a regulation prescribed under this subsection, the
surety provider shall be ineligible to provider 2 broker financial security for 3 years.
(8) DEDUCTION OF COSTS PROHIBITED.—The
amount of the financial security required
under this subsection may not be reduced by
deducting attorney’s fees or administrative
costs.
(c) FREIGHT FORWARDER FINANCIAL SECURITY
REQUIREMENTS.—
(1) REQUIREMENTS.—
(A) IN GENERAL.—The Secretary may register a person as a freight forwarder under
2 So

in original. Probably should be ‘‘provide’’.

§ 13906

TITLE 49—TRANSPORTATION

section 13903 only if the person files with the
Secretary a surety bond, proof of trust fund,
other financial security, or a combination of
such instruments, in a form and amount,
and from a provider, determined by the Secretary to be adequate to ensure financial responsibility.
(B) USE OF A GROUP SURETY BOND, TRUST
FUND, OR OTHER FINANCIAL SECURITY.—In implementing the standards established under
subparagraph (A), the Secretary may authorize the use of a group surety bond, trust
fund, other financial security, or a combination of such instruments, that meets the requirements of this subsection.
(C) SURETY BONDS.—A surety bond obtained under this section may only be obtained from a bonding company that has
been approved by the Secretary of the Treasury.
(D) PROOF OF TRUST OR OTHER FINANCIAL
SECURITY.—For purposes of subparagraph
(A), a trust fund or other financial security
may not be accepted by the Secretary unless
the trust fund or other financial security
consists of assets readily available to pay
claims without resort to personal guarantees
or collection of pledged accounts receivable.
(2) SCOPE OF FINANCIAL RESPONSIBILITY.—
(A) PAYMENT OF CLAIMS.—A surety bond,
trust fund, or other financial security obtained under paragraph (1) shall be available
to pay any claim against a freight forwarder
arising from its failure to pay freight
charges under its contracts, agreements, or
arrangements for transportation subject to
jurisdiction under chapter 135 if—
(i) subject to the review by the surety
provider, the freight forwarder consents to
the payment;
(ii) in the case 3 the freight forwarder
does not respond to adequate notice to address the validity of the claim, the surety
provider determines the claim is valid; or
(iii) the claim—
(I) is not resolved within a reasonable
period of time following a reasonable attempt by the claimant to resolve the
claim under clauses (i) and (ii); and
(II) is reduced to a judgment against
the freight forwarder.
(B) RESPONSE OF
CLAIMS.—If a surety

SURETY

PROVIDERS

TO

provider receives notice
of a claim described in subparagraph (A), the
surety provider shall—
(i) respond to the claim on or before the
30th day following receipt of the notice;
and
(ii) in the case of a denial, set forth in
writing for the claimant the grounds for
the denial.
(C) COSTS AND ATTORNEY’S FEES.—In any
action against a surety provider to recover
on a claim described in subparagraph (A),
the prevailing party shall be entitled to recover its reasonable costs and attorney’s
fees.
(3) FREIGHT FORWARDER INSURANCE.—

3 So

in original.

Page 420

(A) IN GENERAL.—The Secretary may register a person as a freight forwarder under
section 13903 only if the person files with the
Secretary a surety bond, insurance policy, or
other type of financial security that meets
standards prescribed by the Secretary.
(B) LIABILITY INSURANCE.—A financial security filed by a freight forwarder under subparagraph (A) shall be sufficient to pay an
amount, not to exceed the amount of the financial security, for each final judgment
against the freight forwarder for bodily injury to, or death of, an individual, or loss of,
or damage to, property (other than property
referred to in subparagraph (C)), resulting
from the negligent operation, maintenance,
or use of motor vehicles by, or under the direction and control of, the freight forwarder
while providing transfer, collection, or delivery service under this part.
(C) CARGO INSURANCE.—The Secretary may
require a registered freight forwarder to file
with the Secretary a surety bond, insurance
policy, or other type of financial security
approved by the Secretary, that will pay an
amount, not to exceed the amount of the financial security, for loss of, or damage to,
property for which the freight forwarder provides service.
(4) MINIMUM FINANCIAL SECURITY.—Each
freight forwarder subject to the requirements
of this section shall provide financial security
of $75,000, regardless of the number of branch
offices or sales agents of the freight forwarder.
(5) CANCELLATION NOTICE.—If a financial security required under this subsection is canceled—
(A) the holder of the financial security
shall provide electronic notification to the
Secretary of the cancellation not later than
30 days before the effective date of the cancellation; and
(B) the Secretary shall immediately post
such notification on the public Internet web
site of the Department of Transportation.
(6) SUSPENSION.—The Secretary shall immediately suspend the registration of a freight
forwarder issued under this chapter if its
available financial security falls below the
amount required under this subsection.
(7) PAYMENT OF CLAIMS IN CASES OF FINANCIAL
FAILURE OR INSOLVENCY.—If a freight forwarder
registered under this chapter experiences financial failure or insolvency, the surety provider of the freight forwarder shall—
(A) submit a notice to cancel the financial
security to the Administrator in accordance
with paragraph (5);
(B) publicly advertise for claims for 60
days beginning on the date of publication by
the Secretary of the notice to cancel the financial security; and
(C) pay, not later than 30 days after the expiration of the 60-day period for submission
of claims—
(i) all uncontested claims received during such period; or
(ii) a pro rata share of such claims if the
total amount of such claims exceeds the financial security available.

Page 421

§ 13906

TITLE 49—TRANSPORTATION

(8) PENALTIES.—
(A) CIVIL ACTIONS.—Either the Secretary
or the Attorney General may bring a civil
action in an appropriate district court of the
United States to enforce the requirements of
this subsection or a regulation prescribed or
order issued under this subsection. The court
may award appropriate relief, including injunctive relief.
(B) CIVIL PENALTIES.—If the Secretary determines, after notice and opportunity for a
hearing, that a surety provider of a freight
forwarder registered under this chapter has
violated the requirements of this subsection
or a regulation prescribed under this subsection, the surety provider shall be liable to
the United States for a civil penalty in an
amount not to exceed $10,000.
(C) ELIGIBILITY.—If the Secretary determines, after notice and opportunity for a
hearing, that a surety provider of a freight
forwarder registered under this chapter has
violated the requirements of this subsection
or a regulation prescribed under this subsection, the surety provider shall be ineligible to provide freight forwarder financial
security for 3 years
(9) DEDUCTION OF COSTS PROHIBITED.—The
amount of the financial security required
under this subsection may not be reduced by
deducting attorney’s fees or administrative
costs.
(d) TYPE OF INSURANCE.—The Secretary may
determine the type and amount of security filed
under this section. A motor carrier may submit
proof of qualifications as a self-insurer to satisfy
the security requirements of this section. The
Secretary shall adopt regulations governing the
standards for approval as a self-insurer. Motor
carriers which have been granted authority to
self-insure as of January 1, 1996, shall retain
that authority unless, for good cause shown and
after notice and an opportunity for a hearing,
the Secretary finds that the authority must be
revoked.
(e) NOTICE OF CANCELLATION OF INSURANCE.—
The Secretary shall issue regulations requiring
the submission to the Secretary of notices of insurance cancellation sufficiently in advance of
actual cancellation so as to enable the Secretary to promptly revoke or suspend the registration of any carrier or broker after the effective date of the cancellation.
(f) FORM OF ENDORSEMENT.—The Secretary
shall also prescribe the appropriate form of endorsement to be appended to policies of insurance and surety bonds which will subject the insurance policy or surety bond to the full security limits of the coverage required under this
section.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 885; amended Pub. L. 104–287, § 5(34),
Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title
IV, § 4303(b), (d)(1), Aug. 10, 2005, 119 Stat. 1762,
1763; Pub. L. 112–141, div. C, title II, § 32918(a),
July 6, 2012, 126 Stat. 822; Pub. L. 114–94, div. A,
title V, § 5201, Dec. 4, 2015, 129 Stat. 1534.)
REFERENCES IN TEXT
Paragraph (3) of this subsection, referred to in subsec.
(a)(1), was redesignated as paragraph (4) of subsec. (a) of

this section by Pub. L. 109–59, title IV, § 4303(b)(1), Aug.
10, 2005, 119 Stat. 1762.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a)(2), is the
date of enactment of subtitle C of title IV of Pub. L.
109–59, which was approved Aug. 10, 2005.
AMENDMENTS
2015—Subsec. (e). Pub. L. 114–94 inserted ‘‘or suspend’’
after ‘‘revoke’’.
2012—Subsecs. (b), (c). Pub. L. 112–141 added subsecs.
(b) and (c) and struck out former subsecs. (b) and (c)
which related to broker requirements and freight forwarder requirements, respectively.
2005—Pub. L. 109–59, § 4303(d)(1), inserted ‘‘motor private carriers,’’ after ‘‘motor carriers,’’ in section catchline.
Subsec. (a)(2) to (4). Pub. L. 109–59, § 4303(b), added
par. (2) and redesignated former pars. (2) and (3) as (3)
and (4), respectively.
1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘January 1, 1996,’’ for ‘‘the effective date of this section’’.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 2012 AMENDMENT
Pub. L. 112–141, div. C, title II, § 32918(c), July 6, 2012,
126 Stat. 826, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall take effect
on the date that is 1 year after the date of enactment
of this Act [see section 3(a), (b) of Pub. L. 112–141, set
out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].’’
REGULATIONS
Pub. L. 112–141, div. C, title II, § 32918(b), July 6, 2012,
126 Stat. 826, provided that: ‘‘Not later than 1 year after
the date of enactment of this Act [see section 3(a), (b)
of Pub. L. 112–141, set out as Effective and Termination
Dates of 2012 Amendment notes under section 101 of
Title 23, Highways], the Secretary [of Transportation]
shall issue regulations to implement and enforce the
requirements under subsections (b) and (c) of section
13906 of title 49, United States Code, as amended by subsection (a).’’
RELATIONSHIP TO OTHER LAWS
Except as provided in sections 14504, 14504a, and 14506
of this title, subtitle C (§§ 4301–4308) of title IV of Pub.
L. 109–59 is not intended to prohibit any State or any
political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect
to a motor carrier, motor private carrier, broker,
freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L.
109–59, set out as a note under section 13902 of this title.
SELF-INSURANCE RULES
Pub. L. 104–88, title I, § 104(h), Dec. 29, 1995, 109 Stat.
920, provided that: ‘‘The Secretary of Transportation
shall continue to enforce the rules and regulations of
the Interstate Commerce Commission, as in effect on
July 1, 1995, governing the qualifications for approval
of a motor carrier as a self-insurer, until such time as
the Secretary finds it in the public interest to revise
such rules. The revised rules must provide for—
‘‘(1) continued ability of motor carriers to qualify
as self-insurers; and
‘‘(2) the continued qualification of all carriers then
so qualified under the terms and conditions set by the
Interstate Commerce Commission or Secretary at the
time of qualification.’’
[Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.]

§ 13907

TITLE 49—TRANSPORTATION

§ 13907. Household goods agents
(a) CARRIERS RESPONSIBLE FOR AGENTS.—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.
(b) STANDARD FOR SELECTING AGENTS.—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.
(c) ENFORCEMENT.—
(1) COMPLAINT.—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.
(2) RIGHT TO DEFEND.—The agent shall have
the right to appear at such hearing and rebut
the charges contained in the complaint.
(3) ORDER.—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.
(4) HEARING.—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.
(5) COURT REVIEW.—Any agent adversely affected or aggrieved by an order of the Sec-

Page 422

retary 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.
(d) LIMITATION ON APPLICABILITY OF ANTITRUST
LAWS.—
(1) IN GENERAL.—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—
(A) rates for the transportation of household goods under the authority of the principal carrier;
(B) accessorial, terminal, storage, or other
charges for services incidental to the transportation of household goods transported
under the authority of the principal carrier;
(C) allowances relating to transportation
of household goods under the authority of
the principal carrier; and
(D) 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.
(2) BOARD REVIEW.—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.
(e) DEFINITIONS.—In this section, the following
definitions apply:
(1) HOUSEHOLD GOODS.—The term ‘‘household
goods’’ has the meaning such term had under
section 10102(11) of this title, as in effect on
December 31, 1995.
(2) TRANSPORTATION.—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.
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 104–287
This amends 49:13907(e)(1) and (2) for clarity and consistency.
REFERENCES IN TEXT
Section 10102(11) of this title, referred to in subsec.
(e)(1), was omitted and a new section 10102 enacted in
the general amendment of this subtitle by Pub. L.
104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
Subchapter II of chapter 105 of this title, referred to
in subsec. (e)(2), was omitted in the general amendment
of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 804, effective Jan. 1, 1996.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10934 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).