PRIA, Government Policy, Made Personal

Summary

Anyone who charges, offers, or accepts a transportation rate that is different from the official posted rate for carriers covered by chapter 135 must pay a civil penalty to the United States of up to $100,000 for each violation. If a carrier, or its officers, directors, agents, or employees, willfully ignore the required tariffs, they can be prosecuted, fined under Title 18, imprisoned for up to 2 years, or both. Actions by employees or agents done while working count as the carrier’s or shipper’s actions. A criminal trial can be held in the federal court district where any part of the wrong happened or where the transportation took place.

Title 49, §14903

Transportation, Source: USLM XML via OLRC

(a)Civil Penalty for Undercharging and Overcharging.—

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)General Criminal Penalty.—

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)Actions of Agents and Employees.—

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)Venue.—

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