
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: 49USC13907]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 139--REGISTRATION
 
Sec. 13907. Household goods agents

    (a) Carriers Responsible for Agents.--Each motor carrier providing 
transportation of household goods shall be responsible for all acts or 
omissions of any of its agents which relate to the performance of 
household goods transportation services (including accessorial or 
terminal services) and which are within the actual or apparent authority 
of the agent from the carrier or which are ratified by the carrier.
    (b) Standard for Selecting Agents.--Each motor carrier providing 
transportation of household goods shall use due diligence and reasonable 
care in selecting and maintaining agents who are sufficiently 
knowledgeable, fit, willing, and able to provide adequate household 
goods transportation services (including accessorial and terminal 
services) and to fulfill the obligations imposed upon them by this part 
and by such carrier.
    (c) Enforcement.--
        (1) Complaint.--Whenever the Secretary has reason to believe 
    from a complaint or investigation that an agent providing household 
    goods transportation services (including accessorial and terminal 
    services) under the authority of a motor carrier providing 
    transportation of household goods has violated section 14901(e) or 
    14912 or is consistently not fit, willing, and able to provide 
    adequate household goods transportation services (including 
    accessorial and terminal services), the Secretary may issue to such 
    agent a complaint stating the charges and containing notice of the 
    time and place of a hearing which shall be held no later than 60 
    days after service of the complaint to such agent.
        (2) Right to defend.--The agent shall have the right to appear 
    at such hearing and rebut the charges contained in the complaint.
        (3) Order.--If the agent does not appear at the hearing or if 
    the Secretary finds that the agent has violated section 14901(e) or 
    14912 or is consistently not fit, willing, and able to provide 
    adequate household goods transportation services (including 
    accessorial and terminal services), the Secretary may issue an order 
    to compel compliance with the requirement that the agent be fit, 
    willing, and able. Thereafter, the Secretary may issue an order to 
    limit, condition, or prohibit such agent from any involvement in the 
    transportation or provision of services incidental to the 
    transportation of household goods if, after notice and an 
    opportunity for a hearing, the Secretary finds that such agent, 
    within a reasonable time after the date of issuance of a compliance 
    order under this section, but in no event less than 30 days after 
    such date of issuance, has willfully failed to comply with such 
    order.
        (4) Hearing.--Upon filing of a petition with the Secretary by an 
    agent who is the subject of an order issued pursuant to the second 
    sentence of paragraph (3) of this subsection and after notice, a 
    hearing shall be held with an opportunity to be heard. At such 
    hearing, a determination shall be made whether the order issued 
    pursuant to paragraph (3) of this subsection should be rescinded.
        (5) Court review.--Any agent adversely affected or aggrieved by 
    an order of the Secretary issued under this subsection may seek 
    relief in the appropriate United States court of appeals as provided 
    by and in the manner prescribed in chapter 158 of title 28, United 
    States Code.

    (d) Limitation on Applicability of Antitrust Laws.--
        (1) In general.--The antitrust laws, as defined in the first 
    section of the Clayton Act (15 U.S.C. 12), do not apply to 
    discussions or agreements between a motor carrier providing 
    transportation of household goods and its agents (whether or not an 
    agent is also a carrier) related solely to--
            (A) rates for the transportation of household goods under 
        the authority of the principal carrier;
            (B) accessorial, terminal, storage, or other charges for 
        services incidental to the transportation of household goods 
        transported under the authority of the principal carrier;
            (C) allowances relating to transportation of household goods 
        under the authority of the principal carrier; and
            (D) ownership of a motor carrier providing transportation of 
        household goods by an agent or membership on the board of 
        directors of any such motor carrier by an agent.

        (2) Board review.--The Board, upon its own initiative or 
    request, shall review any activities undertaken under paragraph (1) 
    and shall modify or terminate the activity if necessary to protect 
    the public interest.

    (e) Definitions.--In this section, the following definitions apply:
        (1) Household goods.--The term ``household goods'' has the 
    meaning such term had under section 10102(11) of this title, as in 
    effect on December 31, 1995.
        (2) Transportation.--The term ``transportation'' means 
    transportation that would be subject to the jurisdiction of the 
    Interstate Commerce Commission under subchapter II of chapter 105 of 
    this title, as in effect on December 31, 1995, if such subchapter 
    were still in effect.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 887; 
amended Pub. L. 104-287, Sec. 5(35), Oct. 11, 1996, 110 Stat. 3392.)


                      Historical and Revision Notes

                             Pub. L. 104-287

    This amends 49:13907(e)(1) and (2) for clarity and consistency.

                       References in Text

    Section 10102(11) of this title, referred to in subsec. (e)(1), was 
omitted and a new section 10102 enacted in the general amendment of this 
subtitle by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 
Stat. 804, 806, effective Jan. 1, 1996.
    Subchapter II of chapter 105 of this title, referred to in subsec. 
(e)(2), was omitted in the general amendment of this subtitle by Pub. L. 
104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, effective 
Jan. 1, 1996.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10934 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1996--Subsec. (e)(1). Pub. L. 104-287, Sec. 5(35)(A), substituted 
``December 31, 1995'' for ``the day before the effective date of this 
section''.
    Subsec. (e)(2). Pub. L. 104-287, Sec. 5(35)(B), substituted 
``December 31, 1995'' for ``the day before such effective date''.

               Abolition of Interstate Commerce Commission

    Interstate Commerce Commission abolished by section 101 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, 14501 of this title.
