Page:United States Statutes at Large Volume 119.djvu/1771

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1753

the applicable carrier tariff, except that the charges collected at delivery for such operations shall not exceed 15 percent of all other charges due at delivery. Any remaining charges due shall be paid within 30 days after the carrier presents its freight bill.’’.

Deadline.

SEC. 4204. ADDITIONAL REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS OF HOUSEHOLD GOODS.

Section 13902(a) of title 49, United States Code, is amended— (1) by striking paragraphs (2) and (3); (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (1) the following: ‘‘(2) ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS MOTOR CARRIERS.—In addition to meeting the requirements of paragraph (1), the Secretary may register a person to provide transportation of household goods as a household goods motor carrier only after that person— ‘‘(A) provides evidence of participation in an arbitration program and provides a copy of the notice of the arbitration program as required by section 14708(b)(2); ‘‘(B) identifies its tariff and provides a copy of the notice of the availability of that tariff for inspection as required by section 13702(c); ‘‘(C) provides evidence that it has access to, has read, is familiar with, and will observe all applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limitations of liability for loss and damage; and ‘‘(D) discloses any relationship involving common stock, common ownership, common management, or common familial relationships between that person and any other motor carrier, freight forwarder, or broker of household goods within 3 years of the proposed date of registration. ‘‘(3) CONSIDERATION OF EVIDENCE; FINDINGS.—The Secretary shall consider, and to the extent applicable, make findings on any evidence demonstrating that the registrant is unable to comply with any applicable requirement of paragraph (1) or, in the case of a registrant to which paragraph (2) applies, paragraph (1) or (2). ‘‘(4) WITHHOLDING.—If the Secretary determines that a registrant under this section does not meet, or is not able to meet, any requirement of paragraph (1) or, in the case of a registrant to which paragraph (2) applies, paragraph (1) or (2), the Secretary shall withhold registration.’’; and (4) by adding at the end of paragraph (5) (as redesignated by paragraph (2) of this section) ‘‘In the case of a registration for the transportation of household goods as a household goods motor carrier, the Secretary may also hear a complaint on the ground that the registrant fails or will fail to comply with the requirements of paragraph (2) of this subsection.’’. SEC. 4205. HOUSEHOLD GOODS CARRIER OPERATIONS.

Section 14104(b) of title 49, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following: ‘‘(1) REQUIRED TO BE IN WRITING.—

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