Statute: Tariff Requirements for Non-contiguous Domestic Trade

49 U.S.C.A. § 13702

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Effective:[See Text Amendments]
United States Code Annotated Currentness
Title 49. Transportation (Refs & Annos)
Subtitle IV. Interstate Transportation (Refs & Annos)
Part B. Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Refs & Annos)
Chapter 137. Rates and through Routes (Refs & Annos)
§ 13702. Tariff requirement for certain transportation
(a) In general.--Except when providing transportation for charitable purposes without charge, a carrier subject
to jurisdiction under chapter 135 may provide transportation or service that is--

(1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap,
waste paper, and paper waste; or
(2) for movement of household goods;
only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The
carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the
use of a facility that affects the value of that transportation or service, or another device. A rate contained in a
tariff shall be stated in money of the United States.
(b) Tariff requirements for noncontiguous domestic trade.-(1) Filing.--A carrier providing transportation or service described in subsection (a)(1) shall publish and file
with the Board tariffs containing the rates established for such transportation or service. The carriers shall
keep such tariffs available for public inspection. The Board shall prescribe the form and manner of publishing,
filing, and keeping tariffs available for public inspection under this subsection.
(2) Contents.--The Board may prescribe any specific information and charges to be identified in a tariff, but
at a minimum tariffs must identify plainly-(A) the carriers that are parties to it;
(B) the places between which property will be transported;

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49 U.S.C.A. § 13702

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(C) terminal charges if a carrier provides transportation or service subject to jurisdiction under subchapter
III of chapter 135;
(D) privileges given and facilities allowed; and
(E) any rules that change, affect, or determine any part of the published rate.
(3) Inland divisions.--A carrier providing transportation or service described in subsection (a)(1) under a joint
rate for a through movement shall not be required to state separately or otherwise reveal in tariff filings the inland divisions of that through rate.
(4) Time-volume rates.--Rates in tariffs filed under this subsection may vary with the volume of cargo
offered over a specified period of time.
(5) Changes.--The Board may permit carriers to change rates, classifications, rules, and practices without filing complete tariffs under this subsection that cover matter that is not being changed when the Board finds
that action to be consistent with the public interest. Those carriers may either-(A) publish new tariffs that incorporate changes, or
(B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public inspection.
(6) Complaints.--A complaint that a rate or related rule or practice maintained in a tariff under this subsection
violates section 13701(a) may be submitted to the Board for resolution.
(c) Tariff requirements for household goods carriers.-(1) In general.--A carrier providing transportation described in subsection (a)(2) shall maintain rates and related rules and practices in a published tariff. The tariff must be available for inspection by the Board and be
made available for inspection by shippers upon reasonable request.
(2) Notice of availability.--A carrier that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff.
(3) Requirements.--A carrier that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against
any individual shipper.

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49 U.S.C.A. § 13702

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(4) Incorporation by reference.--A carrier may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the transportation of household goods.
(5) Complaints.--A complaint that a rate or related rule or practice maintained in a tariff under this subsection
violates section 13701(a) may be submitted to the Board for resolution.
(d) Invalidation.--The Board may invalidate a tariff prepared by a carrier or carriers under this section if that
tariff violates this section or a regulation of the Board carrying out this section.

CREDIT(S)
(Added Pub.L. 104-88, Title I, § 103, Dec. 29, 1995, 109 Stat. 868.)
Current through P.L. 112-209 approved 12-18-12
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END OF DOCUMENT

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