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. § 13702

Tariff requirement for certain transportation

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(a)In General.—Except when providing transportation for charitable purposes without charge, a carrier subject to jurisdiction under chapter 135 may provide transportation or service that is—(1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or(2) for movement of household goods;only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. A rate contained in a tariff shall be stated in money of the United States.(b)Tariff Requirements for Noncontiguous Domestic Trade.—(1)Filing.—A carrier providing transportation or service described in subsection (a)(1) shall publish and file with the Board tariffs containing the rates established for such transportation or service. The carriers shall keep such tariffs available for public inspection. The Board shall prescribe the form and manner of publishing, filing, and keeping tariffs available for public inspection under this subsection.(2)Contents.—The Board may prescribe any specific information and charges to be identified in a tariff, but at a minimum tariffs must identify plainly—(A) the carriers that are parties to it;(B) the places between which property will be transported;(C) terminal charges if a carrier provides transportation or service subject to jurisdiction under subchapter III of chapter 135;(D) privileges given and facilities allowed; and(E) any rules that change, affect, or determine any part of the published rate.(3)Inland divisions.—A carrier providing transportation or service described in subsection (a)(1) under a joint rate for a through movement shall not be required to state separately or otherwise reveal in tariff filings the inland divisions of that through rate.(4)Time-volume rates.—Rates in tariffs filed under this subsection may vary with the volume of cargo offered over a specified period of time.(5)Changes.—The Board may permit carriers to change rates, classifications, rules, and practices without filing complete tariffs under this subsection that cover matter that is not being changed when the Board finds that action to be consistent with the public interest. Those carriers may either—(A) publish new tariffs that incorporate changes, or(B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public inspection.(6)Complaints.—A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution.(c)Tariff Requirements for Household Goods Carriers.—(1)In general.—A carrier providing transportation described in subsection (a)(2) shall maintain rates and related rules and practices in a published tariff. The tariff must be available for inspection by the Board and be made available for inspection by shippers upon reasonable request.(2)Notice of availability.—A carrier that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff.(3)Requirements.—A carrier that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against any individual shipper.(4)Incorporation by reference.—A carrier may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the transportation of household goods.(5)Complaints.—A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution.(d)Invalidation.—The Board may invalidate a tariff prepared by a carrier or carriers under this section if that tariff violates this section or a regulation of the Board carrying out this section.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 868.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in sections 10761 and 10762 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 40 cases (4 in the last 5 years), 1996–2023 · leading case: Chen v. Mayflower Transit, Inc., 315 F. Supp. 2d 886 (N.D. Ill. 2004).
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Chen v. Mayflower Transit, Inc., 315 F. Supp. 2d 886 (N.D. Ill. 2004). · cites it 7× “49 U.S.C. § 13702 (c)(1) provides that a carrier engaged in household goods transportation “shall maintain rates and related rules and practices in a published tariff.”
In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 647 F. Supp. 2d 1250 (W.D. Wash. 2009). · cites it 4× “at ¶ 80; see also 49 U.S.C. §§ 13702 & 14101(b). In the Consolidated Complaint, plaintiffs allege that defendants have colluded not to use extra-tariff written agreements with their customers; plaintiffs suggest that such agreements would be “confidential” and would inhibit…”
Werner Enter., Inc. v. Westwind Mar. Int'l, Inc., 554 F.3d 1319 (11th Cir. 2009). · cites it 2× “803, 868-69 (codified at 49 U.S.C. § 13702 ). As a result, Ace argues that the Supreme *1325 Court's reliance on Great Northern no longer justifies the expansion of Kirby into non-maritime law because cargo owners no longer have notice of liability limitations in carriers'…”
Gaines Motor Lines, Inc. v. Klaussner Furniture Indus., Inc., 734 F.3d 296 (4th Cir. 2013). · cites it 3× “See 49 U.S.C. § 13702 (b). Section 14101(b)(1) only excludes motor carriers transporting household goods.”
In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010). · cites it 5× “See Amended Complaint at ¶¶ 13, 15, 17, 18, 20, & 23; see also 49 U.S.C. § 13702 (a)(1). 7 Second, the Amended Complaint alleges that defendant Matson Navigation Company, Inc.”
DHX, INC. v. Surface Transp. Bd., 501 F.3d 1080 (9th Cir. 2007). · cites it 2× “§ 14101 (a); (2) they are required to file tariffs, see 49 U.S.C. § 13702 (a) and (b); and (3) they are required to maintain “reasonable” rates and practices, see 49 U.”
Emerson Elec. Supply Co. v. Estes Express Lines Corp., 451 F.3d 179 (3rd Cir. 2006). “See 49 U.S.C. § 13702 (a). For carriers that are not required to file tariffs, they must still “provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate .”
Emmert Indus. Corp. v. Artisan Assocs., Inc., 497 F.3d 982 (9th Cir. 2007). “” See 49 U.S.C. § 13702 (a). We note, however, that while the ICCTA largely does away with the tariff requirement, it also requires non-tariff filing carriers, upon request, to disclose the same information contained in a filed tariff.”
Thomas Mervyn v. Atlas Van Lines, Inc., 882 F.3d 680 (7th Cir. 2018). “49 U.S.C. § 13702 (b)(1). One of the tariff rates is for "linehaul," which is based on the weight of the goods and the distance they are shipped.”
Baltimore & Ohio Chicago Terminal R.R. Co. v. Wisconsin Cent. Ltd., 154 F.3d 404 (7th Cir. 1998). “The clause requires arbitration of all irreconcilable disputes arising out of the agreement, and all includes the dispute over whether BOCT’s reliance on the agreement as a basis for seeking the recovery of its switching charges and car-rental fees was blocked by the…”
TAG/ICIB Servs., Inc. v. Pan Am. Grain Co., 215 F.3d 172 (1st Cir. 2000). “See 49 U.S.C. § 13702 . This court has held that maritime carriers have a private federal cause of action to recover container demurrage charges specified in tariffs under the Shipping Act (as well as under the Intercoastal Shipping Act of 1933, 46 U.”
Rushton v. Am. Pac. Wood Prods., Inc. (In Re Americana Expressways, Inc.), 133 F.3d 752 (10th Cir. 1997). · cites it 2× “The district court 1 found that after filing a Chapter 11 petition Americana, as debtor in possession, was required to file an adoption notice pursuant to 49 C.”
Fed. Carr. Cas. P 84,020 in Re Olympia Holding Corp., Debtors. Lloyd T. Whitaker v. Frito-Lay, Inc., a Delaware Corp., 88 F.3d 952 (11th Cir. 1996). “See 49 U.S.C.A. § 13702 (West 1996). 4 . Because most filing requirements have been abolished, most transportation will now be provided trader private agreements, and therefore the distinction between common and contract carriers is no longer meaningful.”
Inter-Coastal Xpress, Inc. v. United States, 49 Fed. Cl. 531 (Fed. Cl. 2001). “49 U.S.C. § 13702 (Supp. I 1995). Carriers must then charge at the published rates.”
Horizon Lines, LLC. v. United States, 414 F. Supp. 2d 46 (D.D.C. 2006). “4, 2003) (“STB Letter”), citing 49 U.S.C. § 13702 ; AR 12.) The tariff requirement for water carriers “applies to commodities otherwise exempted from regulation for rail or motor service.”
Mayflower Transit, Inc. v. Davenport, 714 N.E.2d 794 (Ind. Ct. App. 1999). “Tariff requirements for household goods carriers are codified at 49 U.S.C.A. § 13702 (a)(c) (1995); see also 49 C.”
Fireman's Fund McGee v. Landstar Ranger, Inc., 250 F. Supp. 2d 684 (S.D. Tex. 2003). “Carriers required to file tariffs are designated by 49 U.S.C. § 13702 (a)(1), (2) (2002) as those providing transportation or service that is in noncontiguous domestic trade or movement of household goods.”
IMPORTS, ETC., LTD., a Missouri Corp., Appellee, v. ABF FREIGHT Sys., INC., a Delaware Corp., Appellant, 162 F.3d 528 (8th Cir. 1999). · cites it 2× “” See 49 U.S.C. § 13702 (a) (1998). As a common carrier, ABF is subject to the requirements of the Act.”
S & B Transp., Inc. v. Allou Distributors, Inc., 41 F. Supp. 2d 388 (E.D.N.Y 1999). · cites it 2× “LAM argues that this dispute arises out of the provisions of the Act and that therefore there is federal subject matter jurisdiction.”
Mitsui O.S.K. Lines, Ltd. v. Evans Delivery Co., 948 F. Supp. 2d 406 (D.N.J. 2013). “§ 14704 (b) (referring to tariffs filed under 49 U.S.C. § 13702 ). With respect to civil actions for amounts charged in excess of a particular filed tariff rate, the ICCTA’s enforcement scheme specifically gives private parties the option to either (1) file a complaint with the…”
Roberts Ex Rel. Trust of Reese v. North Am. Van Lines, Inc., 394 F. Supp. 2d 1174 (N.D. Cal. 2004). “49 U.S.C. § 13702 (c), 13707. There has been a federal 110% rule 3 for many years.”
C.A.R. Transp. Brokerage Co. v. Darden Restaurants, Inc., 213 F.3d 474 (9th Cir. 2000). “Jurisdiction The ICA requires motor common carriers to publish their rates in tariffs filed with the Surface Transportation *478 Board (Board), 4 and carriers are prohibited from charging or receiving a different compensation for the transportation than the rate specified in the…”
Caribbean Shippers Ass'n v. Surface Transp. Bd., 145 F.3d 1362 (D.C. Cir. 1998). “1 Certainly petitioner is not entitled to seek less vigilant enforcement of tariff compliance activities. The statute governing STB-regulated water carriers expressly requires that carriers file their rates in tariffs, and that they collect only the filed tariff rate.”
Norpin Mfg. Co. v. CTS Con-Way Transp. Servs., Inc., 68 F. Supp. 2d 19 (D. Mass. 1999). “See 49 U.S.C. §§ 13702 (b)(1) and 13710(a)(1).”
Ocean Logistics Mgmt., Inc. v. NPR, INC., 38 F. Supp. 2d 77 (D.P.R. 1999). · cites it 3× “49 U.S.C. § 13702 . Further, a specific provision permits the filing-of rates which may vary according to the volume committed, called time volume rates.”
United Van Lines, Inc. v. Gary, 40 F. Supp. 2d 1102 (E.D. Mo. 1998). · cites it 2× “The shipment was governed exclusively by 49 U.S.C. § 13702 , part of the Motor Carrier Act.”
Sea-Land Serv., Inc. v. Atl. Pac. Int'l, Inc., 61 F. Supp. 2d 1102 (D. Haw. 1999). “49 U.S.C. § 13702 (b)(4). Moreover, to the extent that API argues that Sea-Land’s rates are unreasonable, such arguments are subject to the primary jurisdiction of the Surface Transportation Board (“STB”), formerly the Interstate Commerce Commission.”
Acutron, Inc v. Matson Navitgation Co Inc, 450 F. App'x 685 (9th Cir. 2011). “49 U.S.C. § 13702 (b)(1). The rates must be reasonable.”
United Van Lines, LLC v. Clark (W.D. Tex. 2023). · cites it 7× “BACKGROUND Plaintiff United Van Lines, LLC commenced this case by filing its Complaint on February 13, 2023, alleging a claim against Defendant Baron Clark for breach of an interstate transportation contract pursuant to 49 U.S.C. §§ 13702 and 13706. ECF No. 1 at 3–4.”
Kloosterboer Int'l Forwarding LLC v. United States of Am. (D. Alaska 2022). · cites it 3× “66 Docket 117 at 47 (citing 49 U.S.C. § 13702 (b)(2) and 49 C.F.R. § 1312 ).”
Dhx, Inc. v. Surface Transp. Bd. (9th Cir. 2007). · cites it 2× “§ 14101 (a); (2) they are required to file tariffs, see 49 U.S.C. § 13702 (a) and (b); and (3) they are required to maintain “reasonable” rates and practices, see 49 U.”
Kloosterboer Int'l Forwarding LLC v. United States of Am. (D. Alaska 2021). “49 U.S.C § 13702(b)(2)(A) requires that “at a minimum [rate] tariffs must identify plainly .”
Starr Indem. & Liab. Co. v. YRC, Inc. (N.D. Ill. 2018). “6, 2002) (assuming without deciding that § 14704(a)(2) permits a private action for damages for violations of 49 U.S.C. § 13702 ).5 5 Other cases that the Court has been able to identify invoking § 14704(a)(2) similarly involve either the federal truth-in-leasing regulations or…”
Qfs Transp., LLC v. Intermodal Cartage Co, LLC (S.D. Ind. 2023). “" This fact is codified in 49 U.S.C. § 13702 , which provides that a carrier may provide transportation that is "in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste [or] for movement of household…”
Imports Etc. Inc. v. ABF Freight Sys. (8th Cir. 1998). · cites it 2× “” See 49 U.S.C. § 13702 (a) (1998). As a common carrier, ABF is subject to the requirements of the Act.”
Walters v. DHL Express, 500 F. Supp. 2d 1007 (C.D. Ill. 2007). “49 U.S.C. § 13702 . Regardless of whether this argument is valid, in light of changes to the Carmack Amendment, 3 Plaintiff does not challenge *1010 this assessment.”
Maersk Line Ltd., Inc. (A.S.B.C.A. 2014). “49 U.S.C. § 13702 . Section 322 of the Transportation Act (codified as amended at 31 U.”
Emerson Elec Sup Co v. Estes Express Lines (3rd Cir. 2006). “See 49 U.S.C. § 13702 (a). For carriers that are not required to file tariffs, they must still “provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate .”
Emmert Indus. Artisan Assocs. (9th Cir. 2007). “” See 49 U.S.C. § 13702 (a). We note, however, that while the ICCTA largely does away with the tariff requirement, it also requires non-tariff filing carriers, upon request, to disclose the same infor- mation contained in a filed tariff.”
United Van Lines, Inc. v. Henry, 40 F. Supp. 2d 1105 (E.D. Mo. 1998). “7, citing 49 U.S.C. § 13702 ). Carriers may only charge in accordance with their published tariffs, and shippers, owners and consignors/consignees are chargeable with knowledge of properly filed tariff provisions and their obligation to pay.”
— 49 U.S.C. § 13702(b)(2)(A) — 2 cases
Kloosterboer Int'l Forwarding LLC v. United States of Am. (D. Alaska 2021). “49 U.S.C § 13702(b)(2)(A) requires that “at a minimum [rate] tariffs must identify plainly .”
Kloosterboer Int'l Forwarding LLC v. United States of Am. (D. Alaska 2022). “66 Docket 117 at 47 (citing 49 U.S.C. § 13702 (b)(2) and 49 C.F.R. § 1312 ).”
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