§13703 Certain collective activities; exemption from antitrust laws

Summary

Motor carriers can make joint agreements with other carriers to set things like through routes and joint rates, household-goods rates, classifications, mileage guides, rules, divisions, industry-wide rate adjustments based on average carrier costs (but not talks about single-carrier rates or specific markets), and procedures for handling those items. Any carrier party to such an agreement can ask the Board to approve it. The Board may approve it only if it finds the agreement is in the public interest and may add reasonable conditions to make sure it supports federal transportation policy. Carriers are still free to set their own rates, classifications, and mileage guides on their own. The Board can investigate or suspend any joint rate, rule, classification, or adjustment and can order parties to stop or change actions that are not in the public interest. If the Board approves an agreement, the antitrust laws do not apply to making or carrying out that approved agreement. The Board can require records, reports, inspections, and must review approved agreements regularly, starting a review at least once every 5 years; agreements continue unless the Board says otherwise. Agreements approved under the old law and in effect on December 31, 1995, are treated as approved beginning January 1, 1996. Nothing here creates an undercharge claim or forces a shipper to honor a classification just because it was filed on December 31, 1995. Routes, rates, classifications, mileage guides, and rules made under approved agreements must be published and open to public inspection. Carriers must join and certify participation in the publications that govern them, and a carrier may not collect mileage charges unless it participates in an approved mileage publication or uses a mileage publication anyone can inspect. "Single line rate" means a rate proposed by one carrier that applies only over that carrier’s own line.