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Title 49 — TransportationRelease 119-73

§13907 Household goods agents

Title 49 › Subtitle SUBTITLE IV— - INTERSTATE TRANSPORTATION › Part PART B— - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 139— - REGISTRATION › § 13907

Last updated Apr 6, 2026|Official source

Summary

Motor carriers that move household goods must answer for what their agents do or fail to do when those acts are part of the agents’ real or apparent authority or when the carrier accepts them. Carriers must also take care when hiring and keeping agents so the agents can properly handle household goods moves and related services. If the Secretary finds, from a complaint or investigation, that an agent has broken section 14901(e) or 14912 or is not fit to provide household goods services, the Secretary can file charges and set a hearing no later than 60 days after the agent is served. The agent can appear and defend. If the agent does not appear or is found at fault, the Secretary can order the agent to comply and, if the agent willfully fails to follow that order within a reasonable time but not less than 30 days after it was issued, can limit, condition, or bar the agent from doing household goods work. The agent can petition for a hearing to seek to rescind such an order and may appeal to the U.S. court of appeals as provided in chapter 158 of title 28. Antitrust laws in the Clayton Act (15 U.S.C. 12) do not apply to talks or agreements between a carrier and its agents about rates; charges for extra services (like accessorial, terminal, or storage charges); allowances; or an agent’s ownership or board membership in a carrier. The Board will review such activities and can change or stop them to protect the public interest. Definitions: “household goods” — as defined in section 10102(11) of this title on December 31, 1995. “transportation” — the kind that would have been under the Interstate Commerce Commission’s subchapter II of chapter 105 on December 31, 1995.

Full Legal Text

Title 49, §13907

Transportation — Source: USLM XML via OLRC

(a)Each motor carrier providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier.
(b)Each motor carrier providing transportation of household goods shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such carrier.
(c)(1)Whenever the Secretary has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor carrier providing transportation of household goods has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.
(2)The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
(3)If the agent does not appear at the hearing or if the Secretary finds that the agent has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the Secretary may issue an order to limit, condition, or prohibit such agent from any involvement in the transportation or provision of services incidental to the transportation of household goods if, after notice and an opportunity for a hearing, the Secretary finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order.
(4)Upon filing of a petition with the Secretary by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.
(5)Any agent adversely affected or aggrieved by an order of the Secretary issued under this subsection may seek relief in the appropriate United States court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code.
(d)(1)The antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements between a motor carrier providing transportation of household goods and its agents (whether or not an agent is also a carrier) related solely to—
(A)rates for the transportation of household goods under the authority of the principal carrier;
(B)accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier;
(C)allowances relating to transportation of household goods under the authority of the principal carrier; and
(D)ownership of a motor carrier providing transportation of household goods by an agent or membership on the board of directors of any such motor carrier by an agent.
(2)The Board, upon its own initiative or request, shall review any activities undertaken under paragraph (1) and shall modify or terminate the activity if necessary to protect the public interest.
(e)In this section, the following definitions apply:
(1)The term “household goods” has the meaning such term had under section 10102(11) of this title, as in effect on December 31, 1995.
(2)The term “transportation” means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995, if such subchapter were still in effect.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 104–287This amends 49:13907(e)(1) and (2) for clarity and consistency.

Editorial Notes

References in Text

section 10102(11) of this title, referred to in subsec. (e)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996. Subchapter II of chapter 105 of this title, referred to in subsec. (e)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

Prior Provisions

Provisions similar to those in this section were contained in section 10934 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

1996—Subsec. (e)(1). Pub. L. 104–287, § 5(35)(A), substituted “December 31, 1995” for “the day before the

Effective Date

of this section”. Subsec. (e)(2). Pub. L. 104–287, § 5(35)(B), substituted “December 31, 1995” for “the day before such

Effective Date

”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 13907

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73