§10725. Special freight forwarder rates

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may establish-

(1) assembling rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments to a place for further movement as part of a carload or truckload shipment; and

(2) distribution rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments moving from a place to which those shipments have moved as a part of a carload or truckload shipment.

(b) A rate and related classification and rule established under subsection (a) of this section applies to household goods freight forwarders and other persons using common carrier transportation under like conditions and may differ from other rates and related classifications and rules that contemporaneously apply to the same common carrier transportation when the difference is justified by a difference in the respective conditions under which that transportation is used. A rate referred to in subsection (a)(1) or (2) of this section may not be established to cover the line-haul transportation between the principal concentration place and the principal break-bulk place.

(c) When establishing a rate, classification, rule, or practice, a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title may consider the type of property tendered to it by a household goods freight forwarder for transportation when the property is in parcels that do not exceed 70 pounds in weight or 100 inches in length and girth combined. The carrier may establish the lowest rate for the transportation that allows it to receive adequate compensation for transporting the property.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387 ; Pub. L. 99–521, §7(f), Oct. 22, 1986, 100 Stat. 2995 .)

In subsections (a) and (b), the word "rates" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The word "rules" is substituted for "rules, and regulations" for consistency when referring to carriers.

In subsection (a), the words "may establish" are substituted for "Nothing in this Act shall be construed to make it unlawful for . . . to establish and maintain" as being more precise. The words "For the purposes of this section (1) the term . . . and (2) the term" are omitted as surplus in view of the restatement. The word "beyond" is omitted as surplus.

In subsection (b), the words "A rate . . . established under subsection (a) of this section" are inserted for clarity. The word "persons" is inserted for clarity. The words "using common carrier transportation" are substituted for "who employ or utilize the instrumentalities or services of such common carriers" for clarity and consistency in view of the definition of "transportation" in section 10102 of the revised title.

In subsection (c), the words "When establishing" are substituted for "In the establishment of" for clarity. The word "rate" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The word "rule" is substituted for "rules, or regulations" for consistency when referring to carriers. The words "when the property is in parcels" are substituted for "engaged in service with respect to parcels" for clarity. The last sentence is substituted for the words following the 2d comma in 49:1007 for clarity.

Amendments

1986-Subsecs. (b), (c). Pub. L. 99–521 inserted "household goods" before "freight forwarders" in subsec. (b) and before "freight forwarder" in subsec. (c).

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.