PRIA, Government Policy, Made Personal

Summary

Motor carriers that move household goods may charge customers based on a written, binding estimate of the cost. Those estimate-based rates must be offered the same way to all shippers and cannot be used to unfairly undercut or harm competition. Carriers may also sell a guaranteed service that promises pick-up and delivery at times written in the contract and that pays a penalty or daily fee if the carrier misses those times. The carrier can set different prices for different guarantee options. Before a carrier starts a guaranteed-rate option, the Secretary may require the carrier to keep a non-guaranteed rate available while the guaranteed rate is offered.

Title 49, §13704

Transportation, Source: USLM XML via OLRC

(a)In General.—

(1)Authority.—

(2)Nonpreferential; nonpredatory.—

Any rate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.

(b)Rates for Guaranteed Service.—

(1)Authority.—

Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish rates for the transportation of household goods which guarantee that the carrier will pick up and deliver such household goods at the times specified in the contract for such services and provide a penalty or per diem payment in the event the carrier fails to pick up or deliver such household goods at the specified time. The charges, if any, for such guarantee and penalty provision may vary to reflect one or more options available to meet a particular shipper’s needs.

(2)Authority of secretary to require nonguaranteed service rates.—

Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Secretary may require such carrier to have in effect and keep in effect, during any period such rate is in effect under paragraph (1), a rate for such service which does not guarantee the pick up and delivery of household goods at the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the carrier fails to pick up or deliver household goods at the specified time.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10735 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.

§13704 Household Goods Rates—estimates; Guarantees of Service