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49 U.S.C. § 14904 — Additional rate violations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Rebates by Agents.—** A person, or an officer, employee, or agent of that person, that—
(1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or
(2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,
is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.
**(b) Undercharging.—**
(1) **Freight forwarder.—** — A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135, or an officer, agent, or employee of that freight forwarder, that assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
(2) **Others.—** — A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
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Source location: Title 49, Chapter 149, § 14904; chapter-149-civil-and-criminal-penalties.md
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**(a) Rebates by Agents.—** A person, or an officer, employee, or agent of that person, that—
(1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or
(2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,
is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.
**(b) Undercharging.—**
(1) **Freight forwarder.—** — A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135, or an officer, agent, or employee of that freight forwarder, that assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
(2) **Others.—** — A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A—
(1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or
(2) person who solicits or knowingly receives,
information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000.
**(b)** The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under [section 10709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim), that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee.
**(c)** This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
**(d)** An employee of the Board delegated to make an inspection or examination under [section 11144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section111
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11904
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Federal law — U.S. Code and appendices · legal_authorities
Page 534
TITLE 49—TRANSPORTATION
§ 14904
diction under that chapter, that willfully does
not observe its tariffs as required under section
13702, shall be fined under title 18 or imprisoned
not more than 2 years, or both.
(c) ACTIONS OF AGENTS AND EMPLOYEES.—When
acting in the scope of their employment, the ac-
tions and omissions of persons acting for or em-
ployed by a carrier or shipper that is subject to
this section are considered to be the actions and
omissions of that carrier or shipper as well as
that person.
(d) VENUE.—Trial in a criminal action under
this section is in the judicial district in which
any part of the violation is committed or
through which the transportation is conducted.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 915; amended Pub. L. 105–102, § 2(12),
Nov. 20, 1997, 111 Stat. 2205.)
HISTORICAL AND REVISION NOTES
PUB. L. 105–102
This amends 49:14903(a) to correct a grammatical
error.
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 11903 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
AMENDMENTS
1997—Subsec. (a). Pub. L. 105–102 inserted ‘‘a’’ before
‘‘civil penalty of not more than’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
§ 14904. Additional rate violations
(a) REBATES BY AGENTS.—A person, or an offi-
cer, employee, or agent of that person, that—
(1) offers, grants, gives, solicits, accepts, or
receives a rebate for concession, in violation
of a provision of this part related to motor
carrier transportation subjec
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 14904
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.