49 U.S.C. § 14122 — Records: form; inspection; preservation

Page 509 TITLE 49—TRANSPORTATION § 14122 ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATION.—The term ‘Administration’ means the Federal Motor Carrier Safety Administra- tion. ‘‘(2) COVERED CARRIER.—The term ‘covered carrier’ means a motor carrier that is— ‘‘(A) engaged in the interstate transportation of household goods; and ‘‘(B) subject to the requirements of part 375 of title 49, Code of Federal Regulations (as in effect on the effective date of any amendments made pursu- ant to the notice of proposed rulemaking issued under subsection (b)). ‘‘(b) AMENDMENTS TO REGULATIONS.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to amend, as the Sec- retary determines to be appropriate, regulations relat- ing to the interstate transportation of household goods. ‘‘(c) CONSIDERATIONS.—In issuing the notice of pro- posed rulemaking under subsection (b), the Secretary shall consider amending the following provisions of title 49, Code of Federal Regulations, in accordance with the following recommendations: ‘‘(1) Section 375.207(b) to require each covered car- rier to include on the website of the covered carrier a link— ‘‘(A) to the publication of the Administration en- titled ‘Ready to Move–Tips for a Successful Inter- state Move’ and numbered ESA–03–005 on the website of the Administration; or ‘‘(B) to a copy of the publication referred to in subparagraph (A) on the website of the covered car- rier. ‘‘(2) Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each indi- vidual shipper, together with any written estimate provided to the shipper, a copy of the publication de- scribed in appendix A of part 375 of that title, entitled ‘Your Rights and Responsibilities When You Move’ and numbered ESA–03–006 (or a successor publica- tion), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing that publication. ‘‘(3) Section 375.213 to repeal subsection (e) of that section. ‘‘(4) Section 375.401(a) to require each covered car- rier— ‘‘(A) to conduct a visual survey of the household goods to be transported by the covered carrier— ‘‘(i) in person; or ‘‘(ii) virtually, using— ‘‘(I) a remote camera; or ‘‘(II) another appropriate technology; ‘‘(B) to offer a visual survey described in subpara- graph (A) for all household goods shipments, re- gardless of the distance between— ‘‘(i) the location of the household goods; and ‘‘(ii) the location of the agent of the covered carrier preparing the estimate; and ‘‘(C) to provide to each shipper a copy of the pub- lication of the Administration entitled ‘Ready to Move–Tips for a Successful Interstate Move’ and numbered ESA–03–005 on receipt from the shipper of a request to schedule, or a waiver of, a visual sur- vey offered under subparagraph (B). ‘‘(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 375.405(b)(7)(ii), and subpart D of appendix A of part 375, to require that, in any case in which a shipper tenders any additional item or requests any addi- tional service prior to loading a shipment, the af- fected covered carrier shall— ‘‘(A) prepare a new estimate; and ‘‘(B) maintain a record of the date, time, and manner in which the new estimate was accepted by the shipper. ‘‘(6) Section 375.501(a), to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to pro- vide the information described in paragraphs (1) through (15) of that section in a bill of lading that is presented to the shipper before the covered carrier re- ceives the shipment. ‘‘(7) Subpart H of part 375, to replace the replace the terms ‘freight bill’ and ‘expense bill’ with the term ‘invoice’.’’ STUDY OF ENFORCEMENT OF CONSUMER PROTECTION RULES IN HOUSEHOLD GOODS MOVING INDUSTRY Pub. L. 106–159, title II, § 209(c), Dec. 9, 1999, 113 Stat. 1764, provided that: ‘‘The Comptroller General shall conduct a study of the effectiveness of the Department of Transportation’s enforcement of household goods consumer protection rules under title 49, United States Code. The study shall also include a review of other po- tential methods of enforcing such rules, including al- lowing States to enforce such rules.’’ SUBCHAPTER II—REPORTS AND RECORDS § 14121. Definitions In this subchapter, the following definitions apply: (1) CARRIER AND BROKER.—The terms ‘‘car- rier’’ and ‘‘broker’’ include a receiver or trust- ee of a carrier and broker, respectively. (2) ASSOCIATION.—The term ‘‘association’’ means an organization maintained by or in the interest of a group of carriers or brokers pro- viding transportation or service subject to ju- risdiction under chapter 135 that performs a service, or engages in activities, related to transportation under this part. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 892.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11141 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. § 14122. Records: form; inspection; preservation (a) FORM OF RECORDS.—The Secretary or the Board, as applicable, may prescribe the form of records required to be prepared or compiled under this subchapter by carriers and brokers, including records related to movement of traffic and receipts and expenditures of money. (b) RIGHT OF INSPECTION.—The Secretary or Board, or an employee designated by the Sec- retary or Board, may on demand and display of proper credentials, in person or in writing— (1) inspect and examine the lands, buildings, and equipment of a carrier or broker; and (2) inspect and copy any record of— (A) a carrier, broker, or association; and (B) a person controlling, controlled by, or under common control with a carrier if the Secretary or Board, as applicable, considers inspection relevant to that person’s relation to, or transaction with, that carrier. (c) PERIOD FOR PRESERVATION OF RECORDS.— The Secretary or Board, as applicable, may pre- Page 510 TITLE 49—TRANSPORTATION § 14123 scribe the time period during which operating, accounting, and financial records must be pre- served by carriers and brokers. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 112–141, div. C, title II, § 32501(d), July 6, 2012, 126 Stat. 803.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2012—Subsec. (b). Pub. L. 112–141 inserted ‘‘, in person or in writing’’ after ‘‘proper credentials’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. 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. § 14123. Financial reporting (a) REPORTS.— (1) ANNUAL REPORTS.—The Secretary shall require Class I and Class II motor carriers to file with the Secretary annual financial and safety reports, the form and substance of which shall be prescribed by the Secretary; ex- cept that, at a minimum, such reports shall include balance sheets and income statements. (2) OTHER REPORTS.—The Secretary may re- quire motor carriers, freight forwarders, bro- kers, lessors, and associations, or classes of them as the Secretary may prescribe, to file quarterly, periodic, or special reports with the Secretary and to respond to surveys con- cerning their operations. (b) MATTERS TO BE COVERED.—In determining the matters to be covered by any reports to be filed under subsection (a), the Secretary shall consider— (1) safety needs; (2) the need to preserve confidential business information and trade secrets and prevent competitive harm; (3) private sector, academic, and public use of information in the reports; and (4) the public interest. (c) EXEMPTIONS.— (1) FROM FILING.—The Secretary may exempt upon good cause shown any party from the fi- nancial reporting requirements of subsection (a). Any request for such exemption must dem- onstrate, at a minimum, that an exemption is required to avoid competitive harm and pre- serve confidential business information that is not otherwise publicly available. (2) FROM PUBLIC RELEASE.— (A) IN GENERAL.—The Secretary shall allow, upon request, a filer of a report under subsection (a) that is not a publicly held cor- poration or that is not subject to financial reporting requirements of the Securities and Exchange Commission, an exemption from the public release of such report. (B) PROCEDURE.—After a request under subparagraph (A) and notice and opportunity for comment but in no event later than 90 days after the date of such request, the Sec- retary shall approve such request if the Sec- retary finds that the exemption requested is necessary to avoid competitive harm and to avoid the disclosure of information that qualifies as a trade secret or privileged or confidential information under section 552(b)(4) of title 5. (C) USE OF DATA FOR INTERNAL DOT PUR- POSES.—If an exemption is granted under this paragraph, nothing shall prevent the Secretary from using data from reports filed under this subsection for internal purposes of the Department of Transportation or in- cluding such data in aggregate industry sta- tistics released for publication if such inclu- sion would not render the filer’s data readily identifiable. (D) PENDING REQUESTS.—The Secretary shall not release publicly the report of a car- rier making a request under subparagraph (A) while such request is pending. (3) PERIOD OF EXEMPTIONS.—Exemptions granted under this subsection shall be for 3- year periods. (d) STREAMLINING AND SIMPLIFICATION.—The Secretary shall streamline and simplify, to the maximum extent practicable, any reporting re- quirements the Secretary imposes under this section. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 105–102, § 2(11), Nov. 20, 1997, 111 Stat. 2205.) HISTORICAL AND REVISION NOTES PUB. L. 105–102 This amends 49:14123(c)(2)(B) to correct a grammat- ical error. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1997—Subsec. (c)(2)(B). Pub. L. 105–102 inserted ‘‘in’’ before ‘‘no event’’. 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 143—FINANCE Sec. 14301. Security interests in certain motor vehicles. 14302. Pooling and division of transportation or earnings. 14303. Consolidation, merger, and acquisition of control of motor carriers of passengers.