49 U.S.C. § 14904 — Additional rate violations

Page 534 TITLE 49—TRANSPORTATION § 14904 diction under that chapter, that willfully does not observe its tariffs as required under section 13702, shall be fined under title 18 or imprisoned not more than 2 years, or both. (c) ACTIONS OF AGENTS AND EMPLOYEES.—When acting in the scope of their employment, the ac- tions and omissions of persons acting for or em- ployed by a carrier or shipper that is subject to this section are considered to be the actions and omissions of that carrier or shipper as well as that person. (d) VENUE.—Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915; amended Pub. L. 105–102, § 2(12), Nov. 20, 1997, 111 Stat. 2205.) HISTORICAL AND REVISION NOTES PUB. L. 105–102 This amends 49:14903(a) to correct a grammatical error. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11903 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1997—Subsec. (a). Pub. L. 105–102 inserted ‘‘a’’ before ‘‘civil penalty of not more than’’. 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. § 14904. Additional rate violations (a) REBATES BY AGENTS.—A person, or an offi- cer, employee, or agent of that person, that— (1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or (2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702, is liable to the United States for a civil penalty of $200 for the first violation and $250 for a sub- sequent violation. (b) UNDERCHARGING.— (1) FREIGHT FORWARDER.—A freight for- warder providing service subject to jurisdic- tion under subchapter III of chapter 135, or an officer, agent, or employee of that freight for- warder, that assists a person in getting, or willingly permits a person to get, service pro- vided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first vio- lation and not more than $2,000 for a subse- quent violation. (2) OTHERS.—A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under sec- tion 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subse- quent violation. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11904 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. § 14905. Penalties for violations of rules relating to loading and unloading motor vehicles (a) CIVIL PENALTIES.—Whoever knowingly au- thorizes, consents to, or permits a violation of subsection (a) or (b) of section 14103 or who knowingly violates subsection (a) of such sec- tion is liable to the United States for a civil penalty of not more than $10,000 for each viola- tion. (b) CRIMINAL PENALTIES.—Whoever knowingly violates section 14103(b) of this title shall be fined under title 18 or imprisoned not more than 2 years, or both. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 916.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11902a 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. § 14906. Evasion of regulation of carriers and brokers A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation provided under this part for carriers or brokers is liable to the United States for a civil penalty of at least $2,000 for the first viola- tion and at least $5,000 for a subsequent viola- tion, and may be subject to criminal penalties. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 916; amended Pub. L. 112–141, div. C, title II, § 32505(b), July 6, 2012, 126 Stat. 804.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).