Page:United States Statutes at Large Volume 109 Part 1.djvu/888

 109 STAT. 872 PUBLIC LAW 104-88 —DEC. 29, 1995 a single motor carrier that is applicable only over its line and for which the transportation can be provided by that carrier. ^§ 13704. Household goods rates—estimates; guarantees of service "(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 nonpref- erential 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 pa)nTient 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. "(a) ESTABLISHMENT; REASONABLENESS.— ^A motor carrier providing transportation of passengers subject to jurisdiction under subchapter I of chapter 135 shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them. Such through route must be reasonable. "(b) PRESCRIBED BY BOARD.— When the Board finds it necessary to enforce the requirements of this section, the Board may prescribe through routes and the conditions under which those routes must be operated for motor carriers providing transportation of passengers subject to jurisdiction under subchapter I of chapter 135. "§ 13706. Liability for payment of rates "(a) LIABILITY OF CONSIGNEE.— Liability for payment of rates for transportation for a shipment of property by a shipper or con-
 * § 13705. Requirements for through routes among motor carriers of passengers

�