
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: 49USC13704]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 137--RATES AND THROUGH ROUTES
 
Sec. 13704. Household goods rates--estimates; guarantees of 
        service
        
    (a) In General.--
        (1) Authority.--Subject to the provisions of paragraph (2) of 
    this subsection, a motor carrier providing transportation of 
    household goods subject to jurisdiction under subchapter I of 
    chapter 135 may establish a rate for the transportation of household 
    goods which is based on the carrier's written, binding estimate of 
    charges for providing such transportation.
        (2) Nonpreferential; nonpredatory.--Any rate established under 
    this subsection must be available on a nonpreferential basis to 
    shippers and must not result in charges to shippers which are 
    predatory.

    (b) Rates for Guaranteed Service.--
        (1) Authority.--Subject to the provisions of paragraph (2) of 
    this subsection, a motor carrier providing transportation of 
    household goods subject to jurisdiction under subchapter I of 
    chapter 135 may establish rates for the transportation of household 
    goods which guarantee that the carrier will pick up and deliver such 
    household goods at the times specified in the contract for such 
    services and provide a penalty or per diem payment in the event the 
    carrier fails to pick up or deliver such household goods at the 
    specified time. The charges, if any, for such guarantee and penalty 
    provision may vary to reflect one or more options available to meet 
    a particular shipper's needs.
        (2) Authority of secretary to require nonguaranteed service 
    rates.--Before a carrier may establish a rate for any service under 
    paragraph (1) of this subsection, the Secretary may require such 
    carrier to have in effect and keep in effect, during any period such 
    rate is in effect under paragraph (1), a rate for such service which 
    does not guarantee the pick up and delivery of household goods at 
    the times specified in the contract for such services and which does 
    not provide a penalty or per diem payment in the event the carrier 
    fails to pick up or deliver household goods at the specified time.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 872.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10735 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
