1996—Pub. L. 104–287, §5(26)(B), Oct. 11, 1996, 110 Stat. 3390, made technical amendment to heading.
(a)
(1) in overseeing those modes—
(A) to recognize and preserve the inherent advantage of each mode of transportation;
(B) to promote safe, adequate, economical, and efficient transportation;
(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each State on transportation matters; and
(F) to encourage fair wages and working conditions in the transportation industry;
(2) in overseeing transportation by motor carrier, to promote competitive and efficient transportation services in order to—
(A) encourage fair competition, and reasonable rates for transportation by motor carriers of property;
(B) promote efficiency in the motor carrier transportation system and to require fair and expeditious decisions when required;
(C) meet the needs of shippers, receivers, passengers, and consumers;
(D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public;
(E) allow the most productive use of equipment and energy resources;
(F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;
(G) provide and maintain service to small communities and small shippers and intrastate bus services;
(H) provide and maintain commuter bus operations;
(I) improve and maintain a sound, safe, and competitive privately owned motor carrier system;
(J) promote greater participation by minorities in the motor carrier system;
(K) promote intermodal transportation;
(3) in overseeing transportation by motor carrier of passengers—
(A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part;
(B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part; and
(C) to ensure that Federal reform initiatives enacted by section 31138 and the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions; and
(4) in overseeing transportation by water carrier, to encourage and promote service and price competition in the noncontiguous domestic trade.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 853.)
The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3)(C), is Pub. L. 97–261, Sept. 20, 1982, 96 Stat. 1102. For complete classification of this Act to the Code, see Short Title of 1982 Amendment note set out under section 10101 of this title and Tables.
Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
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.
In this part, the following definitions shall apply:
(1)
(2)
(3)
(4)
(A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and
(B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101(b).
(5)
(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or
(B) any other means.
(6)
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).
(7)
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor private carrier, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).
(8)
(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C) uses for any part of the transportation a carrier subject to jurisdiction under this subtitle.
The term does not include a person using transportation of an air carrier subject to part A of subtitle VII.
(9)
(10)
(A) arranged and paid for by the householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or
(B) arranged and paid for by another party.
(11)
(12)
(A)
(i) Binding and nonbinding estimates.
(ii) Inventorying.
(iii) Protective packing and unpacking of individual items at personal residences.
(iv) Loading and unloading at personal residences.
(B)
(C)
(13)
(A) is the shipper, consignor, or consignee of a household goods shipment;
(B) is identified as the shipper, consignor, or consignee on the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation charges.
(14)
(15)
(A) the transportation is as provided in section 13501 of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(A) is licensed as a taxicab by a State or a local jurisdiction; or
(B) is offered by a person that—
(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from airports.
(23)
(A) a motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property.
(24)
(25)
(26)
(27)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 854; amended Pub. L. 104–287, §5(27), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 106–159, title II, §209(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 107–298, §3(a), Nov. 26, 2002, 116 Stat. 2343; Pub. L. 109–59, title IV, §§4142(a), 4202(b), Aug. 10, 2005, 119 Stat. 1747, 1751; Pub. L. 110–244, title III, §305(c), June 6, 2008, 122 Stat. 1620; Pub. L. 110–291, §3, July 30, 2008, 122 Stat. 2915.)
This amends 49:13102(4)(A) by setting out the effective date of the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 803) and the day before that date.
This amends 49:13102(4)(B) for clarity and consistency.
Section 10923, referred to in par. (4)(A), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
The date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005, referred to in par. (12)(B), is the date of enactment of subtitle B of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Pars. (6)(B), (7)(B), (14), (15). Pub. L. 110–244 substituted “motor vehicle” for “commercial motor vehicle (as defined in section 31132)”.
Par. (27). Pub. L. 110–291 added par. (27).
2005—Pars. (6)(B), (7)(B). Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”.
Par. (12). Pub. L. 109–59, §4202(b), added par. (12). Former par. (12) redesignated (14).
Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”.
Par. (13). Pub. L. 109–59, §4202(b), added par. (13). Former par. (13) redesignated (15).
Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle” in introductory provisions.
Pars. (14) to (26). Pub. L. 109–59, §4202(b), redesignated pars. (12) to (24) as (14) to (26), respectively.
2002—Pars. (17) to (24). Pub. L. 107–298 added pars. (17) and (20) and redesignated former pars. (17), (18), (19), (20), (21), and (22) as pars. (18), (19), (21), (22), (23), and (24), respectively.
1999—Par. (10)(A). Pub. L. 106–159 substituted “, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder;” for “, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling,”.
1996—Par. (4)(A). Pub. L. 104–287, §5(27)(A), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before the effective date of this section”.
Par. (4)(B). Pub. L. 104–287, §5(27)(B), substituted “after December 31, 1995” for “on or after such date”.
Pub. L. 109–59, title IV, §4202(c), Aug. 10, 2005, 119 Stat. 1752, provided that: “The provisions of title 49, United States Code, and this subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] (including any amendments made by this subtitle), that relate to the transportation of household goods apply only to a household goods motor carrier (as defined in section 13102 of title 49, United States Code).”
Pub. L. 109–59, title IV, §4202(a), Aug. 10, 2005, 119 Stat. 1751, provided that: “In this subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title], the terms ‘carrier’, ‘household goods’, ‘motor carrier’, ‘Secretary’, and ‘transportation’ have the meaning given to such terms in section 13102 of title 49, United States Code.”
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 856.)
Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).