Page:United States Statutes at Large Volume 94 Part 2.djvu/735

 PUBLIC LAW 96-454—OCT. 15, 1980

94 STAT. 2013

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 but must be contained in the tariff the carrier publishes for such service under this title. "(2) Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Commission may require such carrier to have in effect and keep in effect, during any period such rate is in effect under such paragraph, 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.". (b) The analysis for chapter 107 of title 49, United States Code, is amended by inserting "10734. Household goods rates—estimates; guarantees of service."

after "10733. Rates for transportation of recyclable materials.". AGENTS

SEC. 5. (a)(1) Chapter 109 of title 49, United States Code, is amended by inserting after section 10933 the following new section: "§ 10934. Household goods agents 49 USC 10934. "(a) Each motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be responsible for all 49 USC 10521. acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier. "(b) Each motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this subtitle and by such carrier. "(c)(1) Whenever the Commission has reason to believe from a Complaints. complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title has violated section 11901(j) or 11917 of this title or is consistently not fit, willing, and able Post, pp. 2019, to provide adequate household goods transportation services (includ- 2021. ing accessorial and terminal services), it may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent. "(2) Such agent shall have the right to appear at such hearing and Hearing rebut the charges contained in the complaint.

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