49 U.S.C. § 14104 — Household goods carrier operations

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; Page 508 TITLE 49—TRANSPORTATION § 14104 (ii) the degree of harm to individual shippers which could result from a viola- tion of the regulation; (iii) the need to set the level of perform- ance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations; (iv) service requirements of the carriers; (v) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and (vi) the need to set the level of perform- ance at a level designed to encourage car- riers to offer service responsive to shipper needs. (3) LIMITATIONS ON STATUTORY CONSTRUC- TION.—Nothing in this section shall be con- strued to limit the Secretary’s authority to require reports from motor carriers providing transportation of household goods or to re- quire such carriers to provide specified infor- mation to consumers concerning their past performance. (b) ESTIMATES.— (1) REQUIRED TO BE IN WRITING.— (A) IN GENERAL.—Except as otherwise pro- vided in this subsection, every motor carrier providing transportation of household goods described in section 13102(10)(A) as a house- hold goods motor carrier and subject to ju- risdiction under subchapter I of chapter 135 shall conduct a physical survey of the house- hold goods to be transported on behalf of a prospective individual shipper and shall pro- vide the shipper with a written estimate of charges for the transportation and all re- lated services. (B) WAIVER.—A shipper may elect to waive a physical survey under this paragraph by written agreement signed by the shipper be- fore the shipment is loaded. A copy of the waiver agreement must be retained as an ad- dendum to the bill of lading and shall be subject to the same record inspection and preservation requirements of the Secretary as are applicable to bills of lading. (C) ESTIMATE.— (i) IN GENERAL.—Notwithstanding a waiv- er under subparagraph (B), a carrier’s statement of charges for transportation must be submitted to the shipper in writ- ing and must indicate whether it is bind- ing or nonbinding. The written estimate shall be based on a physical survey of the household goods if the household goods are located within a 50-mile radius of the loca- tion of the carrier’s household goods agent preparing the estimate. (ii) BINDING.—A binding estimate under this paragraph must indicate that the car- rier and shipper are bound by such charges. The carrier may impose a charge for providing a written binding estimate. (iii) NONBINDING.—A nonbinding estimate under this paragraph must indicate that the actual charges will be based upon the actual weight of the individual shipper’s shipment and the carrier’s lawful tariff charges. The carrier may not impose a charge for providing a nonbinding esti- mate. (2) OTHER INFORMATION.—At the time that a motor carrier provides the written estimate required by paragraph (1), the motor carrier shall provide the shipper a copy of the Depart- ment of Transportation publication FMCSA–ESA–03–005 (or its successor publica- tion) entitled ‘‘Ready to Move?’’. Before the execution of a contract for service, the motor carrier shall provide the shipper copy of the Department of Transportation publication OCE 100, entitled ‘‘Your Rights and Respon- sibilities When You Move’’ required by section 375.213 of title 49, Code of Federal Regulations (or any successor regulation). (3) APPLICABILITY OF ANTITRUST LAWS.—Any charge for an estimate of charges provided by a motor carrier to a shipper for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 shall be sub- ject to the antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12). (c) FLEXIBILITY IN WEIGHING SHIPMENTS.—The Secretary shall issue regulations that provide motor carriers providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 with the maximum possible flexibility in weighing shipments, con- sistent with assurance to the shipper of accurate weighing practices. The Secretary shall not pro- hibit such carriers from backweighing ship- ments or from basing their charges on the re- weigh weights if the shipper observes both the tare and gross weighings (or, prior to such weighings, waives in writing the opportunity to observe such weighings) and such weighings are performed on the same scale. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 891; amended Pub. L. 109–59, title IV, § 4205, Aug. 10, 2005, 119 Stat. 1753.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11110 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2005—Subsec. (b). Pub. L. 109–59 added pars. (1) and (2), redesignated former par. (2) as (3), and struck out head- ing and text of former par. (1). Text read as follows: ‘‘Every motor carrier providing transportation of household goods subject to jurisdiction under sub- chapter I of chapter 135, upon request of a prospective shipper, may provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Secretary shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the trans- portation and proposed services.’’ 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. AMENDMENTS TO REGULATIONS RELATING TO TRANSPOR- TATION OF HOUSEHOLD GOODS IN INTERSTATE COM- MERCE Pub. L. 117–58, div. B, title III, § 23013, Nov. 15, 2021, 135 Stat. 772, provided that: 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-