§14903 — Title 49 Transportation | U.S. Code

Summary

If someone charges, asks for, or accepts a rate to move property that is different from the tariff required by section 13702, they must pay the United States up to $100,000 for each violation. A carrier or its officers who willfully ignore required tariffs can be fined under Title 18, imprisoned up to 2 years, or both. If an employee acts within their job, their actions count as the carrier’s actions. Criminal trials can be held where any part of the violation happened or where the transportation passed through.

Title 49, §14903

Transportation — Source: USLM XML via OLRC

(a)A person that offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a carrier subject to jurisdiction under chapter 135 at a rate different than the rate in effect under section 13702 is liable to the United States for a civil penalty of not more than $100,000 for each violation.

(b)A carrier providing transportation or service subject to jurisdiction under chapter 135 or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to jurisdiction under that chapter, that willfully does not observe its tariffs as required under section 13702, shall be fined under title 18 or imprisoned not more than 2 years, or both.

(c)When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to this section are considered to be the actions and omissions of that carrier or shipper as well as that person.

(d)Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 105–102This amends 49:14903(a) to correct a grammatical error.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11903 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

1997—Subsec. (a). Pub. L. 105–102 inserted “a” before “civil penalty of not more than”.

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.

§14903 Tariff Violations