PRIA, Government Policy, Made Personal

Summary

Requires a person who ships property by a carrier that must follow federal rules for transport between states, territories, or other countries, and who knowingly accepts a rebate or rate reduction against a tariff required under section 13702, to pay the United States a civil penalty equal to three times the money or other value received. In a civil case, any money or other benefits received in the six years before the case may be counted, and the penalty will be three times that total.

Title 49, §14902

Transportation, Source: USLM XML via OLRC

A person—

(1)delivering property to a carrier providing transportation or service subject to jurisdiction under chapter 135 for transportation under this part or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country; and

(2)knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff required under section 13702;

is liable to the United States for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11902 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.

§14902 Civil Penalty for Accepting Rebates From Carrier