49 U.S.C. § 13711 — Alternative procedure for resolving un-

Page 484 TITLE 49—TRANSPORTATION § 13711 AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–287, § 5(30)(A), sub- stituted ‘‘January 1, 1996,’’ for ‘‘the effective date of this section’’. Subsec. (b). Pub. L. 104–287, § 5(30)(B), substituted ‘‘December 31, 1995’’ for ‘‘the day before the effective date of this section’’ and ‘‘January 1, 1996,’’ for ‘‘the ef- fective date of this section’’. 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. ABOLITION OF INTERSTATE COMMERCE COMMISSION Interstate Commerce Commission abolished by sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 13711. Alternative procedure for resolving un- dercharge disputes (a) GENERAL RULE.—It shall be an unreason- able practice for a motor carrier of property (other than a household goods carrier) providing transportation subject to jurisdiction under sub- chapter I of chapter 135 or, before January 1, 1996, to have provided transportation that was subject to jurisdiction under subchapter II of chapter 105, as in effect on December 31, 1995, a freight forwarder (other than a household goods freight forwarder), or a party representing such a carrier or freight forwarder to attempt to charge or to charge for a transportation service the difference between (1) the applicable rate that was lawfully in effect pursuant to a tariff that was filed in accordance with this chapter or, with respect to transportation provided be- fore January 1, 1996, in accordance with chapter 107, as in effect on the date the transportation was provided, by the carrier or freight forwarder applicable to such transportation service, and (2) the negotiated rate for such transportation service if the carrier or freight forwarder is no longer transporting property between places de- scribed in section 13501(1) or is transporting property between places described in section 13501(1) for the purpose of avoiding application of this section. (b) JURISDICTION OF BOARD.— (1) DETERMINATION.—The Board shall have jurisdiction to make a determination of whether or not attempting to charge or the charging of a rate by a motor carrier or freight forwarder or party representing a motor carrier or freight forwarder is an unrea- sonable practice under subsection (a). If the Board determines that attempting to charge or the charging of the rate is an unreasonable practice under subsection (a), the carrier, freight forwarder, or party may not collect the difference described in subsection (a) between the applicable rate and the negotiated rate for the transportation service. (2) FACTORS TO CONSIDER.—In making a de- termination under paragraph (1), the Board shall consider— (A) whether the person was offered a trans- portation rate by the carrier or freight for- warder or party other than that legally on file with the Interstate Commerce Commis- sion or the Board, as required, at the time of the movement for the transportation serv- ice; (B) whether the person tendered freight to the carrier or freight forwarder in reason- able reliance upon the offered transportation rate; (C) whether the carrier or freight for- warder 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 for- warder or party demands additional pay- ment of a higher rate filed in a tariff. (c) STAY OF ADDITIONAL COMPENSATION.—When a person proceeds under this section to chal- lenge the reasonableness of the practice of a motor carrier, freight forwarder, or party de- scribed in subsection (a) to attempt to charge or to charge the difference described in subsection (a) between the applicable rate and the nego- tiated rate for the transportation service in ad- dition to those charges already billed and col- lected for the transportation service, the person shall not have to pay any additional compensa- tion 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 excep- tion 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 ‘‘ne- gotiated rate’’ means a rate, charge, classifica- tion, or rule agreed upon by a motor carrier or freight forwarder and a shipper through negotia- tions 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 consist- ency. Editorial Notes REFERENCES IN TEXT Subchapter II of chapter 105, referred to in subsec. (a), was omitted in the general amendment of this sub- Page 485 TITLE 49—TRANSPORTATION § 13901 1 So in original. Section catchline amended by Pub. L. 112–141 without corresponding amendment of chapter analysis. 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 omit- ted 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 con- tained 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), sub- stituted ‘‘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 sec- tion’’ 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 sec- tion’’. 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. ABOLITION OF INTERSTATE COMMERCE COMMISSION Interstate Commerce Commission abolished by sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 13712. Government traffic A carrier providing transportation or service for the United States Government may trans- port property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Gov- ernment 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; amended Pub. L. 111–350, § 5(o)(5), Jan. 4, 2011, 124 Stat. 3853.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2011—Pub. L. 111–350 substituted ‘‘Section 6101(b) to (d) of title 41’’ for ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 5)’’. 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. § 13713. Food and grocery transportation (a) CERTAIN COMPENSATION PROHIBITED.—Not- withstanding 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 ship- ping point of the seller if such compensation is available to all customers of the seller on a non- discriminatory basis and does not exceed the ac- tual cost to the seller of delivery to such cus- tomer. (b) SENSE OF CONGRESS.—It is the sense of the Congress that any savings accruing to a cus- tomer by reason of compensation permitted by subsection (a) of this section should be passed on to the ultimate consumer. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 879.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10732 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. CHAPTER 139—REGISTRATION Sec. 13901. Requirement for registration.1 13902. Registration of motor carriers. 13903. Registration of freight forwarders. 13904. Registration of brokers. 13905. Effective periods of registration. 13906. Security of motor carriers, motor private car- riers, brokers, and freight forwarders. 13907. Household goods agents. 13908. Registration and other reforms. 13909. Availability of information. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141, div. C, title II, § 32914(b)(2), July 6, 2012, 126 Stat. 820, added item 13909. 2005—Pub. L. 109–59, title IV, § 4303(d)(2), Aug. 10, 2005, 119 Stat. 1763, inserted ‘‘motor private carriers,’’ after ‘‘motor carriers,’’ in item 13906. § 13901. Requirements for registration (a) IN GENERAL.—A person may provide trans- portation as a motor carrier subject to jurisdic- tion under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdiction under subchapter III of such chapter, or service