§11904. Additional rate and discrimination violations

(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, and when that carrier is a corporation, an officer, employee, or agent of the corporation, that by any means knowingly and willfully assists a person in getting, or willingly permits a person to get, transportation provided under this subtitle for property at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.

(2) A person, or officer or agent of the person, that (A) delivers property for transportation under this subtitle to a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or for whom that carrier transports property as consignor or consignee, and (B) knowingly and willfully by any means gets or attempts to get that property transported at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.

(3) A person, or an officer or agent of a corporation or company that by payment of anything of value, solicitation, or in any other way, induces or attempts to induce a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or any of its officers or agents, to discriminate unreasonably against another consignor or consignee in the transportation of property shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.

(b) A person, or an officer, employee, or agent of that person, that (1) knowingly offers, grants, gives, solicits, accepts, or receives a rebate, concession, or discrimination in violation of a provision of this subtitle related to motor carrier transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, or (2) by any means knowingly and willfully assists or permits another person to get transportation that is subject to the jurisdiction of the Commission under that subchapter at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined at least $200 but no more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.

(c)(1) A water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, or an officer, agent, or employee of that carrier, that knowingly and willfully by any means offers, grants, or gives, or intentionally permits a person to get, transportation provided under that subchapter at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000.

(2) A person that knowingly and willfully by any means solicits, accepts, or receives transportation provided under subchapter III of chapter 105 of this title at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000.

(3) Trial in a criminal action under this subsection is in the judicial district in which any part of the violation is committed.

(d)(1) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title, or an officer, agent, or employee of that household goods freight forwarder, that knowingly and willfully assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under chapter 107 of this title, shall be fined not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

(2) A person that knowingly and willfully by any means gets, or attempts to get, service provided under subchapter IV of chapter 105 of this title at less than the rate in effect for that service under chapter 107 of this title, shall be fined not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457 ; Pub. L. 99–521, §13(a), Oct. 22, 1986, 100 Stat. 2998 .)

In subsection (a)(1), the word "suffer" is omitted as surplus. The words "by any means" are substituted for "by any other device or means" for clarity and for emphasis. The words "by means of false billing, false classification, false weighing, or false report of weight" are omitted as unnecessary and as included in the words "by any means". The words "in effect . . . under chapter 107 of this title" are substituted for "then established and in force" for clarity in view of the restatement. The words "for that transportation" are substituted for "on the line of transportation" for clarity. The words "shall be deemed guilty of a misdemeanor, and . . . upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed" are omitted as unnecessary in view of title 18 and the Federal Rules of Criminal Procedure (18 U.S.C. app.). The words "be subject to" are omitted as surplus. The words "in the penitentiary for a term" are omitted as surplus. The words "in the discretion of the court" are omitted as unnecessary in view of the restatement. The words "for each offense" are omitted as surplus.

In subsection (a)(2), the words "directly, or indirectly, himself or by employee, agent, or officer, or otherwise" are omitted as surplus in view of section 2 of title 18. The words "by any means" are substituted for "by any other device or means" for clarity and for emphasis. The words "by false billing, false classification, false weighing, false representation of the contents of the package or the substance of the property, false report of weight, false statement," are omitted as unnecessary and as included in the words "by any means". The words "whether with or without the consent or connivance of the carrier, its agent, or officer" are omitted as surplus. The words "by false statement or representation as to cost, value, nature, or extent of injury, or by the use of any false bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or disposition, knowing the same to be false, fictitious, or fraudulent, or to contain any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise in connection with or growing out of the transportation of or agreement to transport such property . . . whereby the compensation of such carrier for such transportation, either before or after payment, shall in fact be made less than the regular rates then established and in force on the line of transportation" are omitted as unnecessary in view of the restatement. The words "shall be deemed guilty of fraud" are omitted as unnecessary. The words "which is declared to be a misdemeanor, and . . . upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was wholly or in part committed" are omitted as unnecessary in view of title 18 and the Federal Rules of Criminal Procedure (18 U.S.C. app.). The words "be subject for each offense to" are omitted as surplus. The words "in the discretion of the court" are omitted as unnecessary in view of the restatement. The proviso is omitted as unnecessary.

In subsection (a)(3), the words "any such" are omitted as unnecessary. The words "payment of any thing of value" are substituted for "payment of money or other things of value" as being inclusive. The words "any other way" are substituted for "otherwise" for clarity. The words "common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title" are substituted for "common carrier subject to the provisions of this chapter" for consistency in view of the restatement. The word "unreasonably" is substituted for "unjustly" for clarity and consistency. See revision note to section 10101 of the revised title. The words "or shall aid or abet any such common carrier in any such unjust discrimination" are omitted as unnecessary in view of section 2 of title 18. The words "shall be deemed guilty of a misdemeanor" are omitted as surplus in view of section 1 of title 18. The words "upon conviction thereof" are omitted as surplus. The words "in any court of the United States of competent jurisdiction within the district in which such offense was committed" are omitted as unnecessary in view of title 18 and the Federal Rules of Criminal Procedure (18 U.S.C. app.). The words "be fined not more than" are substituted for "be subject to a fine of not exceeding" for consistency. The words after the semicolon in 49:10(4) are omitted as surplus in view of section 11705 of the revised title.

In subsection (b), the words "whether carrier, shipper, consignee, or broker" are omitted as being included in "person". The word "agent" is substituted for "agent, or representative thereof" as being more inclusive. The words "related to motor carrier transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title" are substituted for "of any provision of this chapter" for consistency in view of the restatement. The words "by any means" are substituted for "by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device" as being inclusive. The word "permits" is substituted for "suffer or permit" as being inclusive and in view of section 2 of title 18. The word "person" is substituted for "person or persons, natural or artificial" in view of the definition of "person" in section 10102(15) of the revised title. The words "of passengers or property" are omitted as surplus. The words "rate in effect for that transportation under chapter 107 of this title" are substituted for "the applicable rate, fare, or charge" as being more precise and in view of the definition of "rate" in section 10102(19) of the revised title. The words "shall be deemed guilty of a misdemeanor" are omitted as surplus in view of section 1 of title 18. The words "upon conviction thereof" are omitted as surplus. The word "violation" is substituted for "offense" for consistency.

In subsections (c) and (d), the words "whether with or without the consent or connivance of such carrier or his or its officer, agent, employee, or representative" are omitted as surplus. The words "either before or after payment" are omitted as surplus. The words "be deemed guilty of a misdemeanor and upon conviction thereof in any court of the United States of competent jurisdiction" are omitted in view of title 18.

In subsection (c), the word "permits" is substituted for "assist, suffer or permit" as being inclusive and in view of section 2 of title 18. The words "natural or artificial" are omitted as surplus. The words "of passengers or property" are omitted as surplus. The words "be deemed guilty of a misdemeanor and upon conviction thereof" are omitted as unnecessary in view of title 18. The words "offer . . . or receive" are substituted for "offer, grant, accept, or receive". The words "Trial in a criminal action" are inserted for clarity.

Amendments

1986-Subsec. (d)(1). Pub. L. 99–521 inserted "household goods" before "freight forwarder" wherever appearing.

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.