1625-0089 Stat/Authority

Page 455

§ 13102

TITLE 49—TRANSPORTATION

tation system that meets the transportation
needs of the United States, including the United
States Postal Service and national defense, it is
the policy of the United States Government to
oversee the modes of transportation and—
(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) ADMINISTRATION TO CARRY OUT POLICY.—
This part shall be administered and enforced to
carry out the policy of this section and to promote the public interest.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 853.)
Editorial Notes
REFERENCES IN TEXT
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.
PRIOR PROVISIONS
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).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 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 1301 of this title.

§ 13102. Definitions
In this part, the following definitions shall
apply:
(1) BOARD.—The term ‘‘Board’’ means the
Surface Transportation Board.
(2) BROKER.—The term ‘‘broker’’ means a
person, other than a motor carrier or an employee or agent of a motor carrier, that as a
principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation,
advertisement, or otherwise as selling, providing, or arranging for, transportation by
motor carrier for compensation.
(3) CARRIER.—The term ‘‘carrier’’ means a
motor carrier, a water carrier, and a freight
forwarder.
(4) CONTRACT CARRIAGE.—The term ‘‘contract
carriage’’ means—
(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) CONTROL.—The term ‘‘control’’, when referring to a relationship between persons, includes actual control, legal control, and the
power to exercise control, through or by—
(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or
(B) any other means.
(6) FOREIGN MOTOR CARRIER.—The term ‘‘foreign motor carrier’’ means a person (including
a motor carrier of property but excluding a
motor private carrier)—
(A)(i) that is domiciled in a contiguous foreign country; or

§ 13102

TITLE 49—TRANSPORTATION

Page 456

(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)).

that, in the ordinary course of its business of
providing transportation of household goods,
offers some or all of the following additional
services:
(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.

(7) FOREIGN MOTOR PRIVATE CARRIER.—The
term ‘‘foreign motor private carrier’’ means a
person (including a motor private carrier but
excluding a motor carrier of property)—
(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)).

(B) INCLUSION.—The term includes any person that is considered to be a household
goods motor carrier under regulations, determinations, and decisions of the Federal
Motor Carrier Safety Administration that
are in effect on the date of enactment of the
Household Goods Mover Oversight Enforcement and Reform Act of 2005.
(C) LIMITED SERVICE EXCLUSION.—The term
does not include a motor carrier when the
motor carrier provides transportation of
household goods in containers or trailers
that are entirely loaded and unloaded by an
individual (other than an employee or agent
of the motor carrier).

(8) FREIGHT FORWARDER.—The term ‘‘freight
forwarder’’ means a person holding itself out
to the general public (other than as a pipeline,
rail, motor, or water carrier) to provide transportation of property for compensation and in
the ordinary course of its business—
(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.

(13) INDIVIDUAL SHIPPER.—The term ‘‘individual shipper’’ means any person who—
(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.

The term does not include a person using
transportation of an air carrier subject to part
A of subtitle VII.
(9) HIGHWAY.—The term ‘‘highway’’ means a
road, highway, street, and way in a State.
(10) HOUSEHOLD GOODS.—The term ‘‘household goods’’, as used in connection with transportation, means personal effects and property
used or to be used in a dwelling, when a part
of the equipment or supply of such dwelling,
and similar property if the transportation of
such effects or property is—
(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) HOUSEHOLD GOODS FREIGHT FORWARDER.—
The term ‘‘household goods freight forwarder’’
means a freight forwarder of one or more of
the following items: household goods, unaccompanied baggage, or used automobiles.
(12) HOUSEHOLD GOODS MOTOR CARRIER.—
(A) IN GENERAL.—The term ‘‘household
goods motor carrier’’ means a motor carrier

(14) MOTOR CARRIER.—The term ‘‘motor carrier’’ means a person providing motor vehicle
transportation for compensation.
(15) MOTOR PRIVATE CARRIER.—The term
‘‘motor private carrier’’ means a person, other
than a motor carrier, transporting property by
motor vehicle when—
(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) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in
transportation, or a combination determined
by the Secretary, but does not include a vehicle, locomotive, or car operated only on a rail,
or a trolley bus operated by electric power
from a fixed overhead wire, and providing
local passenger transportation similar to
street-railway service.
(17) NONCONTIGUOUS DOMESTIC TRADE.—The
term ‘‘noncontiguous domestic trade’’ means
transportation subject to jurisdiction under
chapter 135 involving traffic originating in or
destined to Alaska, Hawaii, or a territory or
possession of the United States.
(18) PERSON.—The term ‘‘person’’, in addition to its meaning under section 1 of title 1,
includes a trustee, receiver, assignee, or personal representative of a person.

Page 457

§ 13102

TITLE 49—TRANSPORTATION

(19) PRE-ARRANGED GROUND TRANSPORTATION
SERVICE.—The
term ‘‘pre-arranged ground
transportation service’’ means transportation
for a passenger (or a group of passengers) that
is arranged in advance (or is operated on a regular route or between specified points) and is
provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including
the driver).
(20) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Transportation.
(21) STATE.—The term ‘‘State’’ means the 50
States of the United States and the District of
Columbia.
(22) TAXICAB SERVICE.—The term ‘‘taxicab
service’’ means passenger transportation in a
motor vehicle having a capacity of not more
than 8 passengers (including the driver), not
operated on a regular route or between specified places, and that—
(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) TRANSPORTATION.—The term ‘‘transportation’’ includes—
(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) UNITED STATES.—The term ‘‘United
States’’ means the States of the United States
and the District of Columbia.
(25) VESSEL.—The term ‘‘vessel’’ means a
watercraft or other artificial contrivance that
is used, is capable of being used, or is intended
to be used, as a means of transportation by
water.
(26) WATER CARRIER.—The term ‘‘water carrier’’ means a person providing water transportation for compensation.
(27) OVER-THE-ROAD BUS.—The term ‘‘overthe-road bus’’ means a bus characterized by an
elevated passenger deck located over a baggage compartment.
(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.)

HISTORICAL AND REVISION NOTES
PUB. L. 104–287, § 5(27)(A)
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.
PUB. L. 104–287, § 5(27)(B)
This amends 49:13102(4)(B) for clarity and consistency.
Editorial Notes
REFERENCES IN TEXT
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.
PRIOR PROVISIONS
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).
AMENDMENTS
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’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 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 1301 of this title.
APPLICATION OF CERTAIN PROVISIONS OF LAW
Pub. L. 109–59, title IV, § 4202(c), Aug. 10, 2005, 119
Stat. 1752, provided that: ‘‘The provisions of title 49,

§ 13103

TITLE 49—TRANSPORTATION

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).’’
DEFINITIONS
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.’’

§ 13103. Remedies as cumulative
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.)
Editorial Notes
PRIOR PROVISIONS
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).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 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 1301 of this title.

CHAPTER 133—ADMINISTRATIVE
PROVISIONS
Sec.

13301.
13302.
13303.
13304.

Powers.
Intervention.
Service of notice in proceedings.
Service of process in court proceedings.

§ 13301. Powers
(a) GENERAL POWERS OF SECRETARY.—Except
as otherwise specified, the Secretary shall carry
out this part. Enumeration of a power of the
Secretary in this part does not exclude another
power the Secretary may have in carrying out
this part. The Secretary may prescribe regulations in carrying out this part.
(b) OBTAINING INFORMATION.—The Secretary
may obtain from carriers providing, and brokers
for, transportation and service subject to this
part, and from persons controlling, controlled
by, or under common control with those carriers
or brokers to the extent that the business of
that person is related to the management of the
business of that carrier or broker, information
the Secretary decides is necessary to carry out
this part.
(c) SUBPOENA POWER.—
(1) BY SECRETARY.—The Secretary may subpoena witnesses and records related to a proceeding under this part from any place in the
United States, to the designated place of the

Page 458

proceeding. If a witness disobeys a subpoena,
the Secretary, or a party to a proceeding
under this part, may petition a court of the
United States to enforce that subpoena.
(2) ENFORCEMENT.—The district courts of the
United States have jurisdiction to enforce a
subpoena issued under this section. Trial is in
the district in which the proceeding is conducted. The court may punish a refusal to
obey a subpoena as a contempt of court.
(d) TESTIMONY OF WITNESSES.—
(1) PROCEDURE FOR TAKING TESTIMONY.—In a
proceeding under this part, the Secretary may
take the testimony of a witness by deposition
and may order the witness to produce records.
A party to a proceeding pending under this
part may take the testimony of a witness by
deposition and may require the witness to
produce records at any time after a proceeding
is at issue on petition and answer.
(2) SUBPOENA.—If a witness fails to be deposed or to produce records under paragraph
(1) of this subsection, the Secretary may subpoena the witness to take a deposition,
produce the records, or both.
(3) DEPOSITIONS.—A deposition may be taken
before a judge of a court of the United States,
a United States magistrate judge, a clerk of a
district court, or a chancellor, justice, or
judge of a supreme or superior court, mayor or
chief magistrate of a city, judge of a county
court, or court of common pleas of any State,
or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) NOTICE OF DEPOSITION.—Before taking a
deposition, reasonable notice must be given in
writing by the party or the attorney of that
party proposing to take a deposition to the opposing party or the attorney of record of that
party, whoever is nearest. The notice shall
state the name of the witness and the time
and place of taking the deposition.
(5) TRANSCRIPT.—The testimony of a person
deposed under this subsection shall be taken
under oath. The person taking the deposition
shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript
shall be subscribed by the deponent.
(6) FOREIGN COUNTRY.—The testimony of a
witness who is in a foreign country may be
taken by deposition before an officer or person
designated by the Secretary or agreed on by
the parties by written stipulation filed with
the Secretary. A deposition shall be filed with
the Secretary promptly.
(e) WITNESS FEES.—Each witness summoned
before the Secretary or whose deposition is
taken under this section and the individual taking the deposition are entitled to the same fees
and mileage paid for those services in the courts
of the United States.
(f) POWERS OF BOARD.—For those provisions of
this part that are specified to be carried out by
the Board, the Board shall have the same powers
as the Secretary has under this section.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 856.)