49 USC 10743: Payment of rates
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49 USC 10743: Payment of rates Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE IV-INTERSTATE COMMERCECHAPTER 107-RATES, TARIFFS, AND VALUATIONSSUBCHAPTER III-LIMITATIONS

§10743. Payment of rates

(a) Except as provided in subsection (b) of this section, a common carrier (except a pipeline or sleeping car carrier) providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under this subtitle shall give up possession at destination of property transported by it only when payment for the transportation or service is made.

(b)(1) Under regulations of the Commission governing the payment for transportation and service and preventing discrimination, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Commission may provide for weekly or monthly payment for transportation provided by motor common carriers and for periodic payment for transportation provided by water common carriers.

(2) Such a carrier (including a motor common carrier being used by a household goods freight forwarder) may extend credit for transporting property for the United States Government, a State, a territory or possession of the United States, or a political subdivision of any of them.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391 ; Pub. L. 99–521, §7(i), Oct. 22, 1986, 100 Stat. 2995 .)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
10743 49:3(2) (1st sentence). Feb. 4, 1887, ch. 104, 24 Stat. 379 , §3(2) (1st sentence); added Feb. 28, 1920, ch. 91, §405, 41 Stat. 479 ; Mar. 4, 1927, ch. 510, §1, 44 Stat. 1447 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Aug. 2, 1949, ch. 379, §2(a), 63 Stat. 485 .
  49:323 (1st sentence). Feb. 4, 1887, ch. 104, 24 Stat. 379 , §223 (1st sentence); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 565 .
  49:918 (1st sentence). Feb. 4, 1887, ch. 104, 24 Stat. 379 , §318 (1st sentence); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 949 .
  49:1014. Feb. 4, 1887, ch. 104, 24 Stat. 379 , §414; added May 16, 1942, ch. 318, §1, 56 Stat. 296 .

In subsection (a), the words "carrier . . . shall . . . only when" are substituted for "No carrier . . . shall . . . until" for consistency. The word "tariff" is omitted as unnecessary in view of subchapter I of chapter 107 of the revised title.

In subsection (b), the word "rules" is omitted for consistency. The words "from time to time" are omitted as surplus. The words "payment for transportation" are substituted for "rates and charges" for clarity. See the revision note to section 10101 of the revised title. The words "or service" are inserted, when referring to a freight forwarder, for consistency. The words "carrier . . . may" are substituted for "the provisions of this paragraph shall not be construed to prohibit any carrier" for clarity. The words "or for the District of Columbia" are omitted as unnecessary in view of the definition of "State" in section 10102 of the revised title. The word "Government" is substituted for "department, bureau, or agency thereof" for consistency.

Amendments

1986-Subsec. (b)(2). Pub. L. 99–521 inserted "household goods" before "freight forwarder".

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.

Section Referred to in Other Sections

This section is referred to in sections 10705, 10711, 11126 of this title.