(1) Certain household goods transportation; joint rates involving water transportation.— A rate, classification, rule, or practice related to transportation or service provided by a carrier subject to jurisdiction under chapter 135 for transportation or service involving—
(A)a movement of household goods,
(B)a rate for a movement by or with a water carrier in noncontiguous domestic trade, or
(C)rates, rules, and classifications made collectively by motor carriers under agreements approved pursuant to section
must be reasonable.
(2) Through routes and divisions of joint rates.— Through routes and divisions of joint rates for such transportation or service must be reasonable.
(b) Prescription by Board for Violations.— When the Board finds it necessary to stop or prevent a violation of subsection (a), the Board shall prescribe the rate, classification, rule, practice, through route, or division of joint rates to be applied for such transportation or service.
(c) Filing of Complaint.— A complaint that a rate, classification, rule, or practice in noncontiguous domestic trade violates subsection (a) may be filed with the Board.
(d) Zone of Reasonableness.—
(1) In general.— For purposes of this section, a rate or division of a motor carrier for service in noncontiguous domestic trade or water carrier for port-to-port service in that trade is reasonable if the aggregate of increases and decreases in any such rate or division is not more than 7.5 percent above, or more than 10 percent below, the rate or division in effect 1 year before the effective date of the proposed rate or division.
(2) Adjustments to the zone.— The percentage specified in paragraph (1) shall be increased or decreased, as the case may be, by the percentage change in the Producers Price Index, as published by the Department of Labor, that has occurred during the most recent 1-year period before the date the rate or division in question first took effect.
(3) Determinations after complaint.— The Board shall determine whether any rate or division of a carrier or service in noncontiguous domestic trade which is not within the range described in paragraph (1) is reasonable if a complaint is filed under subsection (c) orsection
(4) Reparations.— Upon a finding of violation of subsection (a), the Board shall award reparations to the complaining shipper or shippers in an amount equal to all sums assessed and collected that exceed the determined reasonable rate, division, rate structure, or tariff. Upon complaint from any governmental agency or authority and upon a finding or violation of subsection (a), the Board shall make such orders as are just and shall require the carrier to return, to the extent practicable, to shippers all amounts plus interest, which the Board finds to have been assessed and collected in violation of subsection (a).
Provisions similar to those in this section were contained in sections
10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 ofPub. L. 104–88, set out as a note under section
701 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.