PRIA, Government Policy, Made Personal

Summary

Carriers covered by chapter 135 must publish and follow set rates in a tariff for two kinds of service: shipping between parts of the U.S. not joined by land (noncontiguous domestic trade), except for bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; and moving household goods. Charitable free transportation is not covered. Carriers may not charge or accept anything other than the listed tariff price, and all tariffs must state prices in U.S. dollars. For noncontiguous trade, carriers must file and keep tariffs available for public inspection and follow the Board’s rules about how to do that. Tariffs must clearly show who the carriers are, the origin and destination points, terminal charges when applicable, any privileges or facilities offered, and any rules that affect rates. Time-volume rates are allowed. The Board can let carriers change items without re-filing whole tariffs if public interest allows, and complaints about tariff rates or rules can be sent to the Board. For household goods, tariffs must be available to the Board and shippers, carriers must notify shippers that the tariff can be inspected before enforcing it, and noncompliant tariffs cannot be enforced. The Board can cancel tariffs that break these rules.

Title 49, §13702

Transportation, Source: USLM XML via OLRC

(a)In General.—

Except when providing transportation for charitable purposes without charge, a carrier subject to jurisdiction under chapter 135 may provide transportation or service that is—

(1)in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or

(2)for movement of household goods;

only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. A rate contained in a tariff shall be stated in money of the United States.

(b)Tariff Requirements for Noncontiguous Domestic Trade.—

(1)Filing.—

A carrier providing transportation or service described in subsection (a)(1) shall publish and file with the Board tariffs containing the rates established for such transportation or service. The carriers shall keep such tariffs available for public inspection. The Board shall prescribe the form and manner of publishing, filing, and keeping tariffs available for public inspection under this subsection.

(2)Contents.—

The Board may prescribe any specific information and charges to be identified in a tariff, but at a minimum tariffs must identify plainly—

(A)the carriers that are parties to it;

(B)the places between which property will be transported;

(C)terminal charges if a carrier provides transportation or service subject to jurisdiction under subchapter III of chapter 135;

(D)privileges given and facilities allowed; and

(E)any rules that change, affect, or determine any part of the published rate.

(3)Inland divisions.—

A carrier providing transportation or service described in subsection (a)(1) under a joint rate for a through movement shall not be required to state separately or otherwise reveal in tariff filings the inland divisions of that through rate.

(4)Time-volume rates.—

Rates in tariffs filed under this subsection may vary with the volume of cargo offered over a specified period of time.

(5)Changes.—

The Board may permit carriers to change rates, classifications, rules, and practices without filing complete tariffs under this subsection that cover matter that is not being changed when the Board finds that action to be consistent with the public interest. Those carriers may either—

(A)publish new tariffs that incorporate changes, or

(B)plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public inspection.

(6)Complaints.—

A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution.

(c)Tariff Requirements for Household Goods Carriers.—

(1)In general.—

A carrier providing transportation described in subsection (a)(2) shall maintain rates and related rules and practices in a published tariff. The tariff must be available for inspection by the Board and be made available for inspection by shippers upon reasonable request.

(2)Notice of availability.—

A carrier that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff.

(3)Requirements.—

A carrier that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against any individual shipper.

(4)Incorporation by reference.—

A carrier may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the transportation of household goods.

(5)Complaints.—

A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution.

(d)Invalidation.—

The Board may invalidate a tariff prepared by a carrier or carriers under this section if that tariff violates this section or a regulation of the Board carrying out this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10761 and 10762 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 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.

§13702 Tariff Requirement for Certain Transportation