
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13701]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 137--RATES AND THROUGH ROUTES
 
Sec. 13701. Requirements for reasonable rates, classifications, 
        through routes, rules, and practices for certain transportation
        
    (a) Reasonableness.--
        (1) Certain household goods transportation; joint rates 
    involving water transportation.--A rate, classification, rule, or 
    practice related to transportation or service provided by a carrier 
    subject to jurisdiction under chapter 135 for transportation or 
    service involving--
            (A) a movement of household goods,
            (B) a rate for a movement by or with a water carrier in 
        noncontiguous domestic trade, or
            (C) rates, rules, and classifications made collectively by 
        motor carriers under agreements approved pursuant to section 
        13703,

    must be reasonable.
        (2) Through routes and divisions of joint rates.--Through routes 
    and divisions of joint rates for such transportation or service must 
    be reasonable.

    (b) Prescription by Board for Violations.--When the Board finds it 
necessary to stop or prevent a violation of subsection (a), the Board 
shall prescribe the rate, classification, rule, practice, through route, 
or division of joint rates to be applied for such transportation or 
service.
    (c) Filing of Complaint.--A complaint that a rate, classification, 
rule, or practice in noncontiguous domestic trade violates subsection 
(a) may be filed with the Board.
    (d) Zone of Reasonableness.--
        (1) In general.--For purposes of this section, a rate or 
    division of a motor carrier for service in noncontiguous domestic 
    trade or water carrier for port-to-port service in that trade is 
    reasonable if the aggregate of increases and decreases in any such 
    rate or division is not more than 7.5 percent above, or more than 10 
    percent below, the rate or division in effect 1 year before the 
    effective date of the proposed rate or division.
        (2) Adjustments to the zone.--The percentage specified in 
    paragraph (1) shall be increased or decreased, as the case may be, 
    by the percentage change in the Producers Price Index, as published 
    by the Department of Labor, that has occurred during the most recent 
    1-year period before the date the rate or division in question first 
    took effect.
        (3) Determinations after complaint.--The Board shall determine 
    whether any rate or division of a carrier or service in 
    noncontiguous domestic trade which is not within the range described 
    in paragraph (1) is reasonable if a complaint is filed under 
    subsection (c) or section 13702(b)(6).
        (4) Reparations.--Upon a finding of violation of subsection (a), 
    the Board shall award reparations to the complaining shipper or 
    shippers in an amount equal to all sums assessed and collected that 
    exceed the determined reasonable rate, division, rate structure, or 
    tariff. Upon complaint from any governmental agency or authority and 
    upon a finding or violation of subsection (a), the Board shall make 
    such orders as are just and shall require the carrier to return, to 
    the extent practicable, to shippers all amounts plus interest, which 
    the Board finds to have been assessed and collected in violation of 
    subsection (a).

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 867.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 10701, 10704, and 10705 of this title prior to the general 
amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).


                             Effective Date

    Chapter 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 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 13541, 13702, 13710 of this 
title.
