§11110. Household goods carrier operations

(a)(1) The regulations and paperwork required of motor common carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be minimized to the maximum extent feasible consistent with the protection of individual shippers.

(2) The Interstate Commerce Commission may issue regulations, including regulations protecting individual shippers, in order to carry out this subtitle with respect to the transportation of household goods by motor common carrier.

(3) Regulations of the Commission protecting individual shippers shall include, where appropriate, reasonable performance standards for the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. In establishing performance standards under this paragraph, the Commission shall take into account at least the following:

(A) the level of performance that can be achieved by a well-managed motor common carrier transporting household goods;

(B) the degree of harm to individual shippers which could result from a violation of the regulation;

(C) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;

(D) service requirements of the carriers;

(E) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and

(F) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.

(4) Nothing in this section shall be construed to limit the Commission's authority to require reports from motor common carriers providing transportation of household goods or to require such carriers to provide specified information to consumers concerning their past performance.

(b)(1) Every motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title may, upon request of a prospective shipper, provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Commission shall not prescribe specific formulas, forms, methods, or techniques for providing a prospective shipper with such an estimate. The Commission shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services, nor shall the Commission require the final charges to a shipper to be based on an estimate.

(2) Any charge for an estimate of charges provided by a motor common carrier to a shipper for transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be subject to the antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12).

(c) The Commission shall issue regulations that provide motor carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title with the maximum possible flexibility in weighing shipments, consistent with assurance to the shipper of accurate weighing practices. The Commission shall not prohibit such carriers from backweighing shipments or from basing their charges on the reweigh weights if the shipper observes both the tare and gross weighings (or, prior to such weighings, waives in writing the opportunity to observe such weighings) and such weighings are performed on the same scale.

(Added Pub. L. 96–454, §6(a)(1), Oct. 15, 1980, 94 Stat. 2015 .)

Review and Revision of Commission Operational Regulations Pertaining to Transportation of Household Goods

Section 6(b) of Pub. L. 96–454 provided that:

"(1) Not later than sixty days after the date of enactment of this Act [Oct. 15, 1980], the Interstate Commerce Commission shall institute a rulemaking proceeding in which it shall review and revise all of its operational regulations pertaining to transportation of household goods to carry out the purposes of section 11110(a) of title 49, United States Code.

"(2) The Interstate Commerce Commission shall conclude the rulemaking proceeding required by this subsection within two hundred and seventy days after the date of enactment of this Act [Oct. 15, 1980].

"(3) To the maximum extent feasible, the provisions of this section, including the amendments made by this section [enacting this section], shall apply to rules and regulations pertaining to transportation of household goods for the United States Government issued by departments, agencies, and instrumentalities of the United States (other than the Interstate Commerce Commission), including rules and regulations established for the distribution of such traffic, to the same extent as such provisions apply to rules and regulations issued by the Interstate Commerce Commission."