§14101 — Title 49 Transportation | U.S. Code

Summary

A carrier covered by chapter 135 must provide transportation or service when a reasonable request is made. A motor carrier must also provide safe and adequate service, equipment, and facilities. A covered carrier may make a written contract with a shipper (except for household goods covered by section 13102(10)(A)) to supply specific services at agreed rates and conditions. If both parties in writing clearly give up some or all legal rights and remedies under this part for the transportation in that contract, those waived rights do not apply and cannot later be used to challenge the transportation. They cannot waive rules about registration, insurance, or safety fitness. If the contract is broken, the only remedy is to sue in an appropriate State court or a United States district court, unless the parties agree otherwise.

Title 49, §14101

Transportation — Source: USLM XML via OLRC

(a)A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.

(b)(1)A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.

(2)The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11101 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.

§14101 Providing Transportation and Service