§10730. Rates and liability based on value

(a) The Interstate Commerce Commission may require or authorize a carrier (including a motor common carrier of household goods but excluding any other motor common carrier of property and excluding any rail carrier) providing transportation or service subject to its jurisdiction under subchapter I, II, or IV of chapter 105 of this title, to establish rates for transportation of property under which the liability of the carrier for that property is limited to a value established by written declaration of the shipper, or by a written agreement, when that value would be reasonable under the circumstances surrounding the transportation. A rate may be made applicable under this section to livestock only if the livestock is valuable chiefly for breeding, racing, show purposes, or other special uses. A tariff filed with the Commission by a household goods freight forwarder under subchapter IV of this chapter shall refer specifically to the action of the Commission under this section.

(b)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or a freight forwarder may, subject to the provisions of this chapter (including, with respect to a motor carrier, the general tariff requirements of section 10762 of this title), establish rates for the transportation of property (other than household goods) under which the liability of the carrier or freight forwarder for such property is limited to a value established by written declaration of the shipper or by written agreement between the carrier or freight forwarder and shipper if that value would be reasonable under the circumstances surrounding the transportation.

(2) Before a carrier or freight forwarder may establish a rate for any service under paragraph (1) of this subsection, the Commission may require such carrier or freight forwarder 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 limit the liability of the carrier or freight forwarder.

(c) A rail carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title may establish rates for transportation of property under which the liability of the carrier for such property is limited to a value established by written declaration of the shipper or by a written agreement between the shipper and the carrier, and may provide in such written declaration or agreement for specified amounts to be deducted from any claim against the carrier for loss or damage to the property or for delay in the transportation of such property.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389 ; Pub. L. 96–296, §12, July 1, 1980, 94 Stat. 802 ; Pub. L. 96–448, title II, §211(a), (b), Oct. 14, 1980, 94 Stat. 1911 ; Pub. L. 99–521, §7(g), Oct. 22, 1986, 100 Stat. 2995 .)

The text of 49:319 and 1013 (1st sentence) is omitted as unnecessary in view of the restatement. The words "in which case such declaration or agreement shall have no other effect than" are omitted as surplus. The words "shall not, so far as relates to values, be held a violation of section 10 of this title" are omitted as unnecessary in view of the restatement. The words "including cattle, swine, sheep, goats, horses, and mules" are omitted as unnecessary in view of the restatement.

Amendments

1986-Subsec. (a). Pub. L. 99–521, §7(g)(1), inserted "by a household goods freight forwarder" after first reference to "Commission" in last sentence.

Subsec. (b). Pub. L. 99–521, §7(g)(2), inserted "or a freight forwarder" after "chapter 105 of this title", ", with respect to a motor carrier," after "including", and "or freight forwarder" after last 5 references to "carrier".

1980-Subsec. (a). Pub. L. 96–448, §211(a), inserted "and excluding any rail carrier" after "motor common carrier of property".

Pub. L. 96–296 designated existing provision as subsec. (a) and inserted "(including a motor common carrier of household goods but excluding any other motor common carrier of property)" after "authorize a carrier".

Subsec. (b). Pub. L. 96–296 added subsec. (b).

Subsec. (c). Pub. L. 96–448, §211(b), added 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.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10706, 11707 of this title.