49 Usc 13712

Page 343

§ 13713

TITLE 49—TRANSPORTATION

warder or party other than that legally on
file with the Interstate Commerce Commission or the Board, as required, at the time of
the movement for the transportation service;
(B) whether the person tendered freight to
the carrier or freight forwarder in reasonable reliance upon the offered transportation
rate;
(C) whether the carrier or freight forwarder did not properly or timely file with
the Interstate Commerce Commission or the
Board, as required, a tariff providing for
such transportation rate or failed to enter
into an agreement for contract carriage;
(D) whether the transportation rate was
billed and collected by the carrier or freight
forwarder; and
(E) whether the carrier or freight forwarder or party demands additional payment of a higher rate filed in a tariff.
(c) STAY OF ADDITIONAL COMPENSATION.—When
a person proceeds under this section to challenge the reasonableness of the practice of a
motor carrier, freight forwarder, or party described in subsection (a) to attempt to charge or
to charge the difference described in subsection
(a) between the applicable rate and the negotiated rate for the transportation service in addition to those charges already billed and collected for the transportation service, the person
shall not have to pay any additional compensation to the carrier, freight forwarder, or party
until the Board has made a determination as to
the reasonableness of the practice as applied to
the freight of the person against whom the
claim is made.
(d) TREATMENT.—Subsection (a) is an exception to the requirements of section 13702 and, for
transportation provided before January 1, 1996,
to the requirements of sections 10761(a) and
10762, as in effect on December 31, 1995, as such
sections relate to a filed tariff rate and other
general tariff requirements.
(e) NONAPPLICABILITY OF NEGOTIATED RATE
DISPUTE RESOLUTION PROCEDURE.—If a person
elects to seek enforcement of subsection (a) with
respect to a rate for a transportation or service,
section 13709 shall not apply to such rate.
(f) DEFINITIONS.—In this section, the term ‘‘negotiated rate’’ means a rate, charge, classification, or rule agreed upon by a motor carrier or
freight forwarder and a shipper through negotiations pursuant to which no tariff was lawfully
and timely filed and for which there is written
evidence of such agreement.
(g) APPLICABILITY TO PENDING CASES.—This
section shall apply to all cases and proceedings
pending on January 1, 1996.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 877; amended Pub. L. 104–287, § 5(31),
Oct. 11, 1996, 110 Stat. 3391.)
HISTORICAL AND REVISION NOTES
PUB. L. 104–287
This amends 49:13711(a), (d), and (g) by setting out the
effective date of 49:13711 and for clarity and consistency.
REFERENCES IN TEXT
Subchapter II of chapter 105, referred to in subsec.
(a), was omitted in the general amendment of this sub-

title by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109
Stat. 804, effective Jan. 1, 1996.
Chapter 107, as in effect on the date transportation
was provided, referred to in subsec. (a), means chapter
107 of this title, as in effect on the date transportation
was provided with respect to transportation provided
before Jan. 1, 1996. Chapter 107 (§ 10701 et seq.) was omitted and a new chapter 107 enacted in the general
amendment of this subtitle by Pub. L. 104–88, title I,
§ 102(a), Dec. 29, 1995, 109 Stat. 804, 809, effective Jan. 1,
1996.
Sections 10761(a) and 10762, referred to in subsec. (d),
were 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 2(e) of Pub. L. 103–180, set out as a
note under former section 10701 of this title.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–287, § 5(31)(A), substituted ‘‘or, before January 1, 1996’’ for ‘‘or, before the
effective date of this section’’, ‘‘December 31, 1995’’ for
‘‘the day before the effective date of this section’’, and
‘‘provided before January 1, 1996’’ for ‘‘provided before
the effective date of this section’’.
Subsec. (d). Pub. L. 104–287, § 5(31)(B), substituted
‘‘January 1, 1996’’ for ‘‘the effective date of this section’’ and ‘‘December 31, 1995’’ for ‘‘the day before such
effective date’’.
Subsec. (g). Pub. L. 104–287, § 5(31)(C), substituted
‘‘January 1, 1996’’ for ‘‘the effective date of this section’’.
ABOLITION OF INTERSTATE COMMERCE COMMISSION
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.

§ 13712. Government traffic
A carrier providing transportation or service
for the United States Government may transport property or individuals for the United
States Government without charge or at a rate
reduced from the applicable commercial rate.
Section 3709 of the Revised Statutes (41 U.S.C. 5)
does not apply when transportation for the
United States Government can be obtained from
a carrier lawfully operating in the area where
the transportation would be provided.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 879.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10721 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 13713. Food and grocery transportation
(a) CERTAIN COMPENSATION PROHIBITED.—Notwithstanding any other provision of law, it shall
not be unlawful for a seller of food and grocery
products using a uniform zone delivered pricing
system to compensate a customer who picks up
purchased food and grocery products at the shipping point of the seller if such compensation is
available to all customers of the seller on a nondiscriminatory basis and does not exceed the actual cost to the seller of delivery to such customer.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that any savings accruing to a cus-