49 U.S.C. § 14101 — Providing transportation and service

Page 506 TITLE 49—TRANSPORTATION § 13909 2008—Subsecs. (e), (f). Pub. L. 110–244 added subsec. (e) and redesignated former subsec. (e) as (f). 2005—Pub. L. 109–59 amended heading and text of sec- tion generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to issuance of regulations to replace the current Department of Transportation iden- tification number system, the single State registration system under section 14504, the registration system contained in this chapter, and the financial responsi- bility information system under section 13906 with a single, online, Federal system. 1996—Subsec. (d)(1). Pub. L. 104–287, § 5(36)(A), sub- stituted ‘‘December 31, 1995’’ for ‘‘the day before the ef- fective date of this section’’. Subsec. (e). Pub. L. 104–287, § 5(36)(B), substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this sec- tion’’. 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. REGULATIONS Pub. L. 110–53, title XV, § 1537(b), Aug. 3, 2007, 121 Stat. 467, provided that: ‘‘Not later than October 1, 2007, the Federal Motor Carrier Safety Administration shall issue final regulations to establish the Unified Carrier Registration System, as required by section 13908 of title 49, United States Code, and set fees for the unified carrier registration agreement for calendar year 2007 or subsequent calendar years to be charged to motor car- riers, motor private carriers, and freight forwarders under such agreement, as required by 14504a of title 49, United States Code.’’ DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. RELATIONSHIP TO OTHER LAWS Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, im- posing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not other- wise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title. § 13909. Availability of information The Secretary shall make information relat- ing to registration and financial security re- quired by this chapter publicly available on the Internet, including— (1) the names and business addresses of the principals of each entity holding such reg- istration; (2) the status of such registration; and (3) the electronic address of the entity’s sur- ety provider for the submission of claims. (Added Pub. L. 112–141, div. C, title II, § 32914(b)(1), July 6, 2012, 126 Stat. 819.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. CHAPTER 141—OPERATIONS OF CARRIERS SUBCHAPTER I—GENERAL REQUIREMENTS Sec. 14101. Providing transportation and service. 14102. Leased motor vehicles. 14103. Loading and unloading motor vehicles. 14104. Household goods carrier operations. SUBCHAPTER II—REPORTS AND RECORDS 14121. Definitions. 14122. Records: form; inspection; preservation. 14123. Financial reporting. SUBCHAPTER I—GENERAL REQUIREMENTS § 14101. Providing transportation and service (a) ON REASONABLE REQUEST.—A carrier pro- viding transportation or service subject to juris- diction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities. (b) CONTRACTS WITH SHIPPERS.— (1) IN GENERAL.—A carrier providing trans- portation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently chal- lenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registra- tion, insurance, or safety fitness. (2) REMEDY FOR BREACH OF CONTRACT.—The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree. (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 11101 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. § 14102. Leased motor vehicles (a) GENERAL AUTHORITY OF SECRETARY.—The Secretary may require a motor carrier providing