49 U.S.C. § 14101

Providing transportation and service

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(a)On Reasonable Request.—A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.(b)Contracts With Shippers.—(1)In general.—A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.(2)Remedy for breach of contract.—The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 890.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 11101 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 54 cases (13 in the last 5 years), 1998–2026 · leading case: Transit Homes of Am. v. Homes of Legend, Inc., 173 F. Supp. 2d 1192 (N.D. Ala. 2001).

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Transit Homes of Am. v. Homes of Legend, Inc., 173 F. Supp. 2d 1192 (N.D. Ala. 2001). · cites it 11× “Finally, Morgan asserted that such contract was expressly authorized under 49 U.S.C. § 14101 (b)(1) and that subsection (b)(2) of that section conferred original jurisdiction to hear a breach of such a contract.”

Ward v. Housatonic Area Reg'l Transit Dist., 154 F. Supp. 2d 339 (D. Conn. 2001). · cites it 5× “Ward asserts this claim based on HART’s status as a common carrier under 49 U.S.C. § 14101 and under state law. Because 49 U.”

Celadon Trucking Servs., Inc. v. Titan Textile Co., 130 S.W.3d 301 (Tex. App. 2004). · cites it 4× “In the first part of its argument under its sole issue on appeal, Celadon asserts that, in Section 19 of the Contract, Titan expressly waived all rights it had under the Carmack Amendment to recover against Celadon based on the transportation of goods under the Contract in…”

DHX, INC. v. Surface Transp. Bd., 501 F.3d 1080 (9th Cir. 2007). · cites it 3× “Thus, under the ICC-TA, water carriers in the noncontiguous domestic trade remain subject to three main regulatory requirements: (1) like all common carriers, they must “provide [] transportation or service on reasonable request,” see 49 U.S.C. § 14101 (a); (2) they are required…”

Gaines Motor Lines, Inc. v. Klaussner Furniture Indus., Inc., 734 F.3d 296 (4th Cir. 2013). · cites it 3× “104-176, at 9 (1995) Against this framework, we must determine whether Congress intended to grant federal courts jurisdiction over federally licensed motor carriers’ claims for unpaid freight charges when they were not required to file a tariff.”

In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 647 F. Supp. 2d 1250 (W.D. Wash. 2009). · cites it 3× “§ 13702 (a)(1), and (ii) if the carrier and the shipper have entered into a contract concerning “specified services under specified rates and conditions” for cargo other than household goods, and they have expressly waived in writing “any or all rights and remedies under this…”

Transit Homes of Am. v. Homes of Legend, Inc., 173 F. Supp. 2d 1185 (N.D. Ala. 2001). · cites it 3× “§ 1337 and 49 U.S.C. § 14101 (b)(2). Where a plaintiff has affirmatively sought to recover under federal law, “[dismissal for lack of subject-matter jurisdiction because of the inadequacy of the federal claim is proper only when the claim is ‘so insubstantial, implausible,…”

M. Fortunoff of Westbury Corp. v. Peerless Ins., 432 F.3d 127 (2d Cir. 2005). · cites it 2× “See 49 U.S.C. § 14101 (2000) (requiring motor carriers to perform common carrier services and permitting them to perform contract carrier services).”

In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010). · cites it 4× “Third, the Amended Complaint asserts that defendants have colluded not to use extra-tariff written agreements with their customers, as permitted by 49 U.S.C. § 14101 (b). 8 See Amended Complaint at ¶¶ 82-84.”

S. Furniture Leasing v. YRC, 989 F.3d 1141 (10th Cir. 2021). “Section 14101(b)(2) Southern Furniture asks that we look to 49 U.S.C. § 14101 (b)(2) to inform our interpretation of § 13710(a)(3).”

Penske Logistics, Inc. v. KLLM, Inc., 285 F. Supp. 2d 468 (D.N.J. 2003). · cites it 2× “, Subtitle IV, Part B (excluding §§ 13703, 13706, 14101 and 14103) to the extent that such rights and remedies conflict with the terms of this Agreement and as permitted by 49 U.S.C. § 14101 (b)(1), each as amended from time to time.”

Royal & Sun All. Ins., PLC v. Ocean World Lines, Inc., 612 F.3d 138 (2d Cir. 2010). “See 49 U.S.C. §§ 14101 (b)(1), 14706(c)(1)(A); see also Sompo, 456 F.”

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