§41102 — Title 46 Shipping | U.S. Code

Summary

You must not cheat to get cheaper ocean shipping. On purpose lying about bills, classifying cargo wrong, misstating weights or measurements, or using other tricks to get lower charges is illegal. You also may not operate under a required filed shipping agreement if that agreement is not effective, has been rejected or canceled, or if you break its terms or changes the Federal Maritime Commission makes. Carriers, terminal operators, and ocean freight agents must have and follow fair rules for taking, handling, storing, and delivering cargo. They must not refuse or threaten cargo space or punish shippers, their agents, intermediaries, or motor carriers because they used another carrier, filed a complaint, or for any other unfair reason.

Title 46, §41102

Shipping — Source: USLM XML via OLRC

(a)A person may not knowingly and willfully, directly or indirectly, by means of false billing, false classification, false weighing, false report of weight, false measurement, or any other unjust or unfair device or means, obtain or attempt to obtain ocean transportation for property at less than the rates or charges that would otherwise apply.

(b)A person may not operate under an agreement required to be filed under section 40302 or 40305 of this title if—

(1)the agreement has not become effective under section 40304 of this title or has been rejected, disapproved, or canceled; or

(2)the operation is not in accordance with the terms of the agreement or any modifications to the agreement made by the Federal Maritime Commission.

(c)A common carrier, marine terminal operator, or ocean transportation intermediary may not fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property.

(d)A common carrier, marine terminal operator, or ocean transportation intermediary, acting alone or in conjunction with any other person, directly or indirectly, may not—

(1)retaliate against a shipper, an agent of a shipper, an ocean transportation intermediary, or a motor carrier by refusing, or threatening to refuse, an otherwise-available cargo space accommodation; or

(2)resort to any other unfair or unjustly discriminatory action for—

(A)the reason that a shipper, an agent of a shipper, an ocean transportation intermediary, or motor carrier has—

(i)patronized another carrier; or

(ii)filed a complaint against the common carrier, marine terminal operator, or ocean transportation intermediary; or

(B)any other reason.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41102(a)46 App.:1709(a)(1).Pub. L. 98–237, § 10(a), Mar. 20, 1984, 98 Stat. 77. 41102(b)46 App.:1709(a)(2), (3). 41102(c)46 App.:1709(d)(1).Pub. L. 98–237, § 10(d)(1), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, § 109(c)(2), Oct. 14, 1998, 112 Stat. 1909.

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–146 added subsec. (d).

Statutory Notes and Related Subsidiaries

Rulemaking on Demurrage or Detention Pub. L. 117–146, § 7(b),

June 16, 2022, 136 Stat. 1275, provided that: “(1) In general.—Not later than 45 days after the date of enactment of this Act [

June 16, 2022], the Federal Maritime Commission shall initiate a rulemaking further defining prohibited practices by common carriers, marine terminal operators, shippers, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code, regarding the assessment of demurrage or detention charges. The Federal Maritime Commission shall issue a final rule defining such practices not later than 1 year after the date of enactment of this Act. “(2) Contents.—The rule under paragraph (1) shall only seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published on

May 18, 2020, entitled ‘Interpretive Rule on Demurrage and Detention Under the Shipping Act’ (or successor rule), including a determination of which parties may be appropriately billed for any demurrage, detention, or other similar per container charges.”

§41102 General prohibitions