PRIA, Government Policy, Made Personal

Summary

If someone holds a household goods shipment hostage, they must pay the United States at least $10,000 for each violation. The government can give some or all of that money to the shipper who was harmed. The Secretary of Transportation will make the rules for how that money is given out. The Secretary can also order, after giving notice and a chance for a hearing, that the goods be returned. Each day the goods are kept can count as a separate violation. If the offender is a carrier or broker, the Secretary can suspend their registration for at least 12 months and up to 36 months. The Secretary may accept partial payment or delay part of a penalty as part of a settlement. A person convicted of this offense can be fined under title 18, jailed for up to 2 years, or both. “Failed to give up possession of household goods” means knowingly and willfully refusing, in breach of a contract, to deliver or unload at the shipment’s destination goods covered under subchapter I or III of chapter 135, when the carrier estimated the charges and the shipper made a payment listed in clause (i), (ii), or (iii) of section 13707(b)(3)(A).

Title 49, §14915

Transportation, Source: USLM XML via OLRC

(a)Civil Penalty.—

(1)In general.—

Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000 for each violation. The United States may assign all or a portion of the civil penalty to an aggrieved shipper. The Secretary of Transportation shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper.

(2)Each day, a separate violation.—

Each day a carrier is found to have failed to give up possession of household goods may constitute a separate violation.

(3)Suspension.—

If the person found holding a shipment hostage is a carrier or broker, the Secretary may suspend for a period of not less than 12 months nor more than 36 months the registration of such carrier or broker under chapter 139. The force and effect of such suspension of a carrier or broker shall extend to and include any carrier or broker having the same ownership or operational control as the suspended carrier or broker.

(4)Settlement authority.—

Nothing in this section shall be construed as prohibiting the Secretary from accepting partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.

(b)Criminal Penalty.—

Whoever has been convicted of having failed to give up possession of household goods shall be fined under title 18 or imprisoned for not more than 2 years, or both.

(c)Failure To Give Up Possession of Household Goods Defined.—

For purposes of this section, the term “failed to give up possession of household goods” means the knowing and willful failure, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods that is subject to jurisdiction under subchapter I or III of chapter 135 of this title, for which charges have been estimated by the motor carrier providing transportation of such goods, and for which the shipper has tendered a payment described in clause (i), (ii), or (iii) of section 13707(b)(3)(A).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (a)(1). Pub. L. 112–141, § 32922(b), inserted at end “The United States may assign all or a portion of the civil penalty to an aggrieved shipper. The Secretary of Transportation shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper.” Subsec. (a)(4). Pub. L. 112–141, § 32923(b), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§14915 Penalties for Failure to Give up Possession of Household Goods