
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: 49USC14104]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                   CHAPTER 141--OPERATIONS OF CARRIERS
 
                   SUBCHAPTER I--GENERAL REQUIREMENTS
 
Sec. 14104. Household goods carrier operations

    (a) General Regulatory Authority.--
        (1) Paperwork minimization.--The Secretary may issue 
    regulations, including regulations protecting individual shippers, 
    in order to carry out this part with respect to the transportation 
    of household goods by motor carriers subject to jurisdiction under 
    subchapter I of chapter 135. The regulations and paperwork required 
    of motor carriers providing transportation of household goods shall 
    be minimized to the maximum extent feasible consistent with the 
    protection of individual shippers.
        (2) Performance standards.--
            (A) In general.--Regulations of the Secretary protecting 
        individual shippers shall include, where appropriate, reasonable 
        performance standards for the transportation of household goods 
        subject to jurisdiction under subchapter I of chapter 135.
            (B) Factors to consider.--In establishing performance 
        standards under this paragraph, the Secretary shall take into 
        account at least the following--
                (i) the level of performance that can be achieved by a 
            well-managed motor carrier transporting household goods;
                (ii) the degree of harm to individual shippers which 
            could result from a violation of the regulation;
                (iii) the need to set the level of performance at a 
            level sufficient to deter abuses which result in harm to 
            consumers and violations of regulations;
                (iv) service requirements of the carriers;
                (v) the cost of compliance in relation to the consumer 
            benefits to be achieved from such compliance; and
                (vi) the need to set the level of performance at a level 
            designed to encourage carriers to offer service responsive 
            to shipper needs.

            (3) Limitations on statutory construction.--Nothing in this 
        section shall be construed to limit the Secretary's authority to 
        require reports from motor carriers providing transportation of 
        household goods or to require such carriers to provide specified 
        information to consumers concerning their past performance.

    (b) Estimates.--
        (1) Authority to provide without compensation.--Every motor 
    carrier providing transportation of household goods subject to 
    jurisdiction under subchapter I of chapter 135, upon request of a 
    prospective shipper, may provide the shipper with an estimate of 
    charges for transportation of household goods and for the proposed 
    services. The Secretary shall not prohibit any such carrier from 
    charging a prospective shipper for providing a written, binding 
    estimate for the transportation and proposed services.
        (2) Applicability of antitrust laws.--Any charge for an estimate 
    of charges provided by a motor carrier to a shipper for 
    transportation of household goods subject to jurisdiction under 
    subchapter I of chapter 135 shall be subject to the antitrust laws, 
    as defined in the first section of the Clayton Act (15 U.S.C. 12).

    (c) Flexibility in Weighing Shipments.--The Secretary shall issue 
regulations that provide motor carriers providing transportation of 
household goods subject to jurisdiction under subchapter I of chapter 
135 with the maximum possible flexibility in weighing shipments, 
consistent with assurance to the shipper of accurate weighing practices. 
The Secretary shall not prohibit such carriers from backweighing 
shipments or from basing their charges on the reweigh weights if the 
shipper observes both the tare and gross weighings (or, prior to such 
weighings, waives in writing the opportunity to observe such weighings) 
and such weighings are performed on the same scale.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 891.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11110 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


  Study of Enforcement of Consumer Protection Rules in Household Goods 
                             Moving Industry

    Pub. L. 106-159, title II, Sec. 209(c), Dec. 9, 1999, 113 Stat. 
1764, provided that: ``The Comptroller General shall conduct a study of 
the effectiveness of the Department of Transportation's enforcement of 
household goods consumer protection rules under title 49, United States 
Code. The study shall also include a review of other potential methods 
of enforcing such rules, including allowing States to enforce such 
rules.''
