
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13702]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 137--RATES AND THROUGH ROUTES
 
Sec. 13702. Tariff requirement for certain transportation

    (a) In General.--Except when providing transportation for charitable 
purposes without charge, a carrier subject to jurisdiction under chapter 
135 may provide transportation or service that is--
        (1) in noncontiguous domestic trade, except with regard to bulk 
    cargo, forest products, recycled metal scrap, waste paper, and paper 
    waste; or
        (2) for movement of household goods;

only if the rate for such transportation or service is contained in a 
tariff that is in effect under this section. The carrier may not charge 
or receive a different compensation for the transportation or service 
than the rate specified in the tariff, whether by returning a part of 
that rate to a person, giving a person a privilege, allowing the use of 
a facility that affects the value of that transportation or service, or 
another device. A rate contained in a tariff shall be stated in money of 
the United States.
    (b) Tariff Requirements for Noncontiguous Domestic Trade.--
        (1) Filing.--A carrier providing transportation or service 
    described in subsection (a)(1) shall publish and file with the Board 
    tariffs containing the rates established for such transportation or 
    service. The carriers shall keep such tariffs available for public 
    inspection. The Board shall prescribe the form and manner of 
    publishing, filing, and keeping tariffs available for public 
    inspection under this subsection.
        (2) Contents.--The Board may prescribe any specific information 
    and charges to be identified in a tariff, but at a minimum tariffs 
    must identify plainly--
            (A) the carriers that are parties to it;
            (B) the places between which property will be transported;
            (C) terminal charges if a carrier provides transportation or 
        service subject to jurisdiction under subchapter III of chapter 
        135;
            (D) privileges given and facilities allowed; and
            (E) any rules that change, affect, or determine any part of 
        the published rate.

        (3) Inland divisions.--A carrier providing transportation or 
    service described in subsection (a)(1) under a joint rate for a 
    through movement shall not be required to state separately or 
    otherwise reveal in tariff filings the inland divisions of that 
    through rate.
        (4) Time-volume rates.--Rates in tariffs filed under this 
    subsection may vary with the volume of cargo offered over a 
    specified period of time.
        (5) Changes.--The Board may permit carriers to change rates, 
    classifications, rules, and practices without filing complete 
    tariffs under this subsection that cover matter that is not being 
    changed when the Board finds that action to be consistent with the 
    public interest. Those carriers may either--
            (A) publish new tariffs that incorporate changes, or
            (B) plainly indicate the proposed changes in the tariffs 
        then in effect and make the tariffs as changed available for 
        public inspection.

        (6) Complaints.--A complaint that a rate or related rule or 
    practice maintained in a tariff under this subsection violates 
    section 13701(a) may be submitted to the Board for resolution.

    (c) Tariff Requirements for Household Goods Carriers.--
        (1) In general.--A carrier providing transportation described in 
    subsection (a)(2) shall maintain rates and related rules and 
    practices in a published tariff. The tariff must be available for 
    inspection by the Board and be made available for inspection by 
    shippers upon reasonable request.
        (2) Notice of availability.--A carrier that maintains a tariff 
    under this subsection may not enforce the provisions of the tariff 
    unless the carrier has given notice that the tariff is available for 
    inspection in its bill of lading or by other actual notice to 
    individuals whose shipments are subject to the tariff.
        (3) Requirements.--A carrier that maintains a tariff under this 
    subsection is bound by the tariff except as otherwise provided in 
    this part. A tariff that does not comply with this subsection may 
    not be enforced against any individual shipper.
        (4) Incorporation by reference.--A carrier may incorporate by 
    reference the rates, terms, and other conditions of a tariff in 
    agreements covering the transportation of household goods.
        (5) Complaints.--A complaint that a rate or related rule or 
    practice maintained in a tariff under this subsection violates 
    section 13701(a) may be submitted to the Board for resolution.

    (d) Invalidation.--The Board may invalidate a tariff prepared by a 
carrier or carriers under this section if that tariff violates this 
section or a regulation of the Board carrying out this section.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 868.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 10761 and 10762 of this title prior to the general amendment of 
this subtitle by Pub. L. 104-88, Sec. 102(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 13541, 13701, 13711, 14704, 
14706, 14709, 14901, 14902, 14903, 14904, 14913 of this title.
