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. § 13704

Household goods rates—estimates; guarantees of service

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(a)In General.—(1)Authority.—Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish a rate for the transportation of household goods which is based on the carrier’s written, binding estimate of charges for providing such transportation.(2)Nonpreferential; nonpredatory.—Any rate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.(b)Rates for Guaranteed Service.—(1)Authority.—Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 may establish rates for the transportation of household goods which guarantee that the carrier will pick up and deliver such household goods at the times specified in the contract for such services and provide a penalty or per diem payment in the event the carrier fails to pick up or deliver such household goods at the specified time. The charges, if any, for such guarantee and penalty provision may vary to reflect one or more options available to meet a particular shipper’s needs.(2)Authority of secretary to require nonguaranteed service rates.—Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Secretary may require such carrier to have in effect and keep in effect, during any period such rate is in effect under paragraph (1), a rate for such service which does not guarantee the pick up and delivery of household goods at the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the carrier fails to pick up or deliver household goods at the specified time.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 872.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 10735 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 6 cases (2 in the last 5 years), 2004–2023 · leading case: Gaines Motor Lines, Inc. v. Klaussner Furniture Indus., Inc., 734 F.3d 296 (4th Cir. 2013).
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Gaines Motor Lines, Inc. v. Klaussner Furniture Indus., Inc., 734 F.3d 296 (4th Cir. 2013). “§ 13702 ; 49 U.S.C. § 13704 . Further, the regulations governing motor carriers’ collection of rates issued pursuant to chapter 137 are expressly limited to cases where a federal tariff is filed.”
On Track Transp., Inc. v. Lakeside Warehouse & Trucking Inc., 245 F.R.D. 213 (E.D. Pa. 2007). “(citing 49 U.S.C. § 13704 (a)(2)).) Moreover, a tariff filed with the Surface Transportation Board (STB), a successor to the ICC, has no legal effect unless the tariff is for the transportation of household goods.”
Franyutti v. Hidden Valley Moving & Storage, Inc., 325 F. Supp. 2d 775 (W.D. Tex. 2004). “Thus, these provisions allow Plaintiff to bring a cause of action under the Carmack Amendment for any alleged loss due to false or misleading information provided about guaranteed delivery.”
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. §§ 13704 , 14104 (2000); 49 C.F.”
Track Trading Co. v. YRC, Inc. (W.D. Tex. 2022). “As the Fifth Circuit has explained: “The words ‘any loss, damage, or injury to such property’ .”
United Van Lines, LLC v. Clark (W.D. Tex. 2023). “(citing 49 U.S.C. § 13704 (a)(2)); see also Mayflower Transit, LLC v.”
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