TITLE 49 > SUBTITLE IV > PART B > CHAPTER 141 > SUBCHAPTER I > � 14104 | Prev | Next |
� 14104. Household goods carrier operations | |
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(a) General Regulatory Authority.�
(1) Paperwork minimization.� The
Secretary may issue regulations, including regulations protecting
individual shippers, in order to carry out this part with respect to the
transportation of household goods by motor carriers subject to
jurisdiction under subchapter I of chapter 135. The regulations and
paperwork required of motor carriers providing transportation of household
goods shall be minimized to the maximum extent feasible consistent with
the protection of individual shippers.
(2) Performance standards.�
(A) In general.� Regulations of the
Secretary protecting individual shippers shall include, where appropriate,
reasonable performance standards for the transportation of household goods
subject to jurisdiction under subchapter I of chapter 135.
(B) Factors to consider.� In
establishing performance standards under this paragraph, the Secretary
shall take into account at least the following�
(i)
the level of performance that can be achieved by a
well-managed motor carrier transporting household goods;
(ii) the degree of harm to
individual shippers which could result from a violation of the regulation;
(iii) the need to set the level
of performance at a level sufficient to deter abuses which result in harm
to consumers and violations of regulations;
(3) Limitations on statutory construction.� Nothing in this section shall be construed to limit the
Secretary�s authority to require reports from motor carriers providing
transportation of household goods or to require such carriers to provide
specified information to consumers concerning their past performance.
(b) Estimates.�
(1) Authority to provide without compensation.� Every motor carrier providing transportation of household
goods subject to jurisdiction under subchapter I of chapter 135, upon
request of a prospective shipper, may provide the shipper with an estimate
of charges for transportation of household goods and for the proposed
services. The Secretary shall not prohibit any such carrier from charging
a prospective shipper for providing a written, binding estimate for the
transportation and proposed services.
(2) Applicability of antitrust laws.� Any charge for an estimate of charges provided by a motor
carrier to a shipper for transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 shall be subject to the
antitrust laws, as defined in the first section of the Clayton Act (15
U.S.C. 12).
(c) Flexibility in Weighing Shipments.� The Secretary shall issue regulations that provide motor
carriers providing transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 with the maximum possible
flexibility in weighing shipments, consistent with assurance to the
shipper of accurate weighing practices. The Secretary shall not prohibit
such carriers from backweighing shipments or from basing their charges on
the reweigh weights if the shipper observes both the tare and gross
weighings (or, prior to such weighings, waives in writing the opportunity
to observe such weighings) and such weighings are performed on the same
scale.
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