U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART B— MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 137— RATES AND THROUGH ROUTES

49 U.S.C. § 13701

Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation

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(a)Reasonableness.—(1)Certain household goods transportation; joint rates involving water transportation.—A rate, classification, rule, or practice related to transportation or service provided by a carrier subject to jurisdiction under chapter 135 for transportation or service involving—(A) a movement of household goods,(B) a rate for a movement by or with a water carrier in noncontiguous domestic trade, or(C) rates, rules, and classifications made collectively by motor carriers under agreements approved pursuant to section 13703,must be reasonable.(2)Through routes and divisions of joint rates.—Through routes and divisions of joint rates for such transportation or service must be reasonable.(b)Prescription by Board for Violations.—When the Board finds it necessary to stop or prevent a violation of subsection (a), the Board shall prescribe the rate, classification, rule, practice, through route, or division of joint rates to be applied for such transportation or service.(c)Filing of Complaint.—A complaint that a rate, classification, rule, or practice in noncontiguous domestic trade violates subsection (a) may be filed with the Board.(d)Zone of Reasonableness.—(1)In general.—For purposes of this section, a rate or division of a motor carrier for service in noncontiguous domestic trade or water carrier for port-to-port service in that trade is reasonable if the aggregate of increases and decreases in any such rate or division is not more than 7.5 percent above, or more than 10 percent below, the rate or division in effect 1 year before the effective date of the proposed rate or division.(2)Adjustments to the zone.—The percentage specified in paragraph (1) shall be increased or decreased, as the case may be, by the percentage change in the Producers Price Index, as published by the Department of Labor, that has occurred during the most recent 1-year period before the date the rate or division in question first took effect.(3)Determinations after complaint.—The Board shall determine whether any rate or division of a carrier or service in noncontiguous domestic trade which is not within the range described in paragraph (1) is reasonable if a complaint is filed under subsection (c) or section 13702(b)(6).(4)Reparations.—Upon a finding of violation of subsection (a), the Board shall award reparations to the complaining shipper or shippers in an amount equal to all sums assessed and collected that exceed the determined reasonable rate, division, rate structure, or tariff. Upon complaint from any governmental agency or authority and upon a finding or violation of subsection (a), the Board shall make such orders as are just and shall require the carrier to return, to the extent practicable, to shippers all amounts plus interest, which the Board finds to have been assessed and collected in violation of subsection (a).(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 867.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in sections 10701, 10704, and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 20 cases, 1996–2014 · leading case: DHX, INC. v. Surface Transp. Bd., 501 F.3d 1080 (9th Cir. 2007).
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DHX, INC. v. Surface Transp. Bd., 501 F.3d 1080 (9th Cir. 2007). · cites it 4× “§ 13702 (a) and (b); and (3) they are required to maintain “reasonable” rates and practices, see 49 U.S.C. § 13701 (a). Despite these regulatory requirements, the ICCTA also codifies a number of rate freedoms.”
In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 647 F. Supp. 2d 1250 (W.D. Wash. 2009). · cites it 4× “may be submitted to the Board for resolution”); see also 49 U.S.C. § 13701 (a) (a “rate, classification, rule, or practice related to transportation or service” by a “water carrier in noncontiguous domestic trade” must be “reasonable”).”
In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010). · cites it 7× “11; see also 49 U.S.C. §§ 13701 (c) & 13702(b)(6). In addition, plaintiffs cite no authority that calls into question the Court’s previous rejection of their “no meaningful review” theory or the reasoning of In re Pa.”
In Re: Apex Express Corp. Humboldt Express, Inc., Debtors. Humboldt Express, Inc. v. The Wise Co., Inc., 190 F.3d 624 (4th Cir. 1999). “49 U.S.C. § 13701 (a)(1) (1996) (“A rate, classification, rule, or practice related to transportation or service .”
Gaines Motor Lines, Inc. v. Klaussner Furniture Indus., Inc., 734 F.3d 296 (4th Cir. 2013). · cites it 2× “See 49 U.S.C. § 13701 (a)(1)(A)-(B). In these two areas, Congress determined that price regulation was still in the public interest.”
Richter v. North Am. Van Lines, Inc., 110 F. Supp. 2d 406 (D. Maryland 2000). · cites it 2× “§ 14706 ; Count V — Unreasonable Rates, Rules and Practices, 49 U.S.C. § 13701 ; and Count VI — Violation of Maryland Consumer Protection Act (Commercial Law Article, § 13-301).”
Transit Homes of Am. v. Homes of Legend, Inc., 173 F. Supp. 2d 1185 (N.D. Ala. 2001). “at 43 (noting that “[f]or the two categories of traffic for which rates would be regulated, new [§ ] 13701(a) would import the basic rate reasonableness requirement”); see also 49 U.S.C. § 13701 (also imposing reasonableness requirement on “through routes,” “divisions of joint…”
Munitions Carriers Conf., Inc. v. United States, 147 F.3d 1027 (D.C. Cir. 1998). “at 43 (noting that “[f]or the two categories of traffic for which rates would be regulated, new [§] 13701(a) would import the basic rate reasonableness requirement”); see also 49 U.S.C. § 13701 (also imposing reasonableness requirement on “through routes,” “divisions of joint…”
Cent. Transp. Int'l v. Sterling Seating, Inc., 356 F. Supp. 2d 786 (E.D. Mich. 2005). “at 43 (noting that “for the two categories of traffic for which rates would be regulated, new [§ ] 13701(a) would import the basic rate reasonableness requirement”); see also 49 U.S.C. § 13701 (also imposing reasonableness requirement on “through routes,” “divisions of joint…”
Rushton v. Am. Pac. Wood Prods., Inc. (In Re Americana Expressways, Inc.), 133 F.3d 752 (10th Cir. 1997). “§ 10701 (d) & (f) (1993)) (recodified at 49 U.S.C. §§ 13701 , 13709, 15501). The NRA also exempts small businesses, charities, and shippers of recyclable materials from undercharge suits.”
Nat'l Motor Freight Traffic Ass'n Inc v. Gen. Servs. Admin., 68 F. Supp. 3d 136 (D.D.C. 2014). · cites it 3× “Plaintiffs challenge that conclusion, and in support of their position, point to three sections of chapter 137 in title 49 that specify the limited categories of rates that the Surface Transportation Board is permitted to review for lawfulness or reasonableness: 49 U.S.C. §§…”
Robins Motor Transp., Inc. v. Associated Rigging & Hauling Corp., 944 F. Supp. 409 (E.D. Pa. 1996). “49 U.S.C. § 13701 (a)(1) (1996) (“A rate, classification, rule, or practice related to transportation or service .”
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