49 U.S.C. § 14103 — Loading and unloading motor vehicles

Page 507 TITLE 49—TRANSPORTATION § 14104 transportation subject to jurisdiction under sub- chapter I of chapter 135 that uses motor vehicles not owned by it to transport property under an arrangement with another party to— (1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier; (2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect; (3) inspect the motor vehicles and obtain li- ability and cargo insurance on them; and (4) have control of and be responsible for op- erating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehi- cles were owned by the motor carrier. (b) RESPONSIBLE PARTY FOR LOADING AND UN- LOADING.—The Secretary shall require, by regu- lation, that any arrangement, between a motor carrier of property providing transportation subject to jurisdiction under subchapter I of chapter 135 and any other person, under which such other person is to provide any portion of such transportation by a motor vehicle not owned by the carrier shall specify, in writing, who is responsible for loading and unloading the property onto and from the motor vehicle. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 890.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11107 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 14103. Loading and unloading motor vehicles (a) SHIPPER RESPONSIBLE FOR ASSISTING.— Whenever a shipper or receiver of property re- quires that any person who owns or operates a motor vehicle transporting property in inter- state commerce (whether or not such transpor- tation is subject to jurisdiction under sub- chapter I of chapter 135) be assisted in the load- ing or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or op- erator for all costs associated with securing and compensating the person or persons providing such assistance. (b) COERCION PROHIBITED.—It shall be unlawful to coerce or attempt to coerce any person pro- viding transportation of property by motor vehi- cle for compensation in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 891.) Editorial Notes REFERENCES IN TEXT The National Labor Relations Act, referred to in sub- sec. (b), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables. Act of March 23, 1932, commonly known as the Norris- LaGuardia Act, referred to in subsec. (b), is act Mar. 23, 1932, ch. 90, 47 Stat. 70, which is classified generally to chapter 6 (§ 101 et seq.) of Title 29. For complete classi- fication of this Act to the Code, see Short Title note set out under section 101 of Title 29 and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11109 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. COLLECTION OF DATA ON DELAYS IN GOODS MOVEMENT Pub. L. 114–94, div. A, title V, § 5501(b), Dec. 4, 2015, 129 Stat. 1550, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Dec. 4, 2015], the Sec- retary [of Transportation] shall establish by regulation a process to collect data on delays experienced by oper- ators of commercial motor vehicles before the loading and unloading of such vehicles and at other points in the pick-up and delivery process.’’ § 14104. Household goods carrier operations (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 trans- portation of household goods by motor car- riers subject to jurisdiction under subchapter I of chapter 135. The regulations and paper- work 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 Sec- retary protecting individual shippers shall include, where appropriate, reasonable per- formance 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;