Household Goods Transportation Act of 1980

Summary

Household Goods Transportation Act of 1979 - Exempts from the antitrust laws, agreements approved by the Interstate Commerce Commission between two or more carriers engaged in the business of transporting household goods which is solely related to, or contains procedures for, the joint establishment of: (1) proposals for changes in the standard rate level for household goods; and (2) charges between two carriers for the use of the facilities and equipment of one carrier by the other. Prohibits the Commission from finding the rate for the transportation of household goods unreasonable if the rate charged is not more or less than ten percent of the standard rate level for such transportation in effect on April 1, 1980. Prohibits the Commission from finding a rate for services incident to such transportation to be unreasonable if the rate is not more or less than 20 percent of the standard rate level in effect on such date. Directs the Commission, not less than semiannually, to adjust the standard rate level for household goods based on the percentage change for the previous period in the actual operating costs incurred by the carriers. Directs the Commission to issue a certificate to a person to provide motor transportation of household goods if: (1) the applicant is fit, willing, and able to provide such services and to conform to the provisions of this Act and the regulations promulgated thereunder; and (2) the transportation to be provided is consistent with the present and future public convenience and necessity. Places the burden of making such showings upon the applicant. Directs the Commission, in making such a determination, to consider a household goods transportation industry which is competitive and operates under reduced regulation as being in the public interest. Directs the Commission to promulgate regulations for processing such applications which provide for adequate notice and opportunity for any interested person to file written evidence and argument. Directs that such process need not provide for an oral evidentiary hearing. Prohibits the Commission from including in such a certificate a condition which prevents a carrier from adding to its equipment and facilities or its transportation within the scope of its certificate in order to satisfy business development and public demand. Directs that each principal carrier shall be responsible for the acts and omissions of its agents which relate to the interstate or foreign transportation of household goods. Sets forth investigatory procedures before the Commission with respect to complaints that an agent does not have sufficient knowledge to provide household goods transportation or is not fit, willing, or able to perform such services. Exempts from the antitrust laws, discussions or agreements between a carrier and its agents which relate solely to: (1) rates for transporting household goods under the authority of the principal carrier; (2) charges for services incidental to such transportation; (3) allowances relating to such carriage; and (4) divisions between the principal carrier and its agents. Directs the Commission to institute a rulemaking proceeding to review all of its regulations pertaining to household goods transportation. Directs the Commission to reduce such regulations and paperwork required of each carrier. Prohibits the Commission from prescribing specific formulas or formats with respect to cost estimates given to shippers by carriers from such transportation. Forbids the Commission from prohibiting carriers to charge the shipper for such an estimate. Directs the Commission to promulgate rules that provide carriers with the maximum possible flexibility in weighing shipments. Allows carriers to offer their shippers guarantees or options for per diem payments in the event the carrier does not pick up or deliver the shipment as agreed. Establishes dispute-settlement procedures with respect to losses or damages incurred in such transportation. Provides for the recovery of attorney's fees by a shipper or carrier under specified circumstances. Establishes civil penalties for violations of the regulations promulgated under this Act or for failure to fully comply with reports mandated by the Commission regarding the transportation of household goods. Establishes a criminal penalty for weight-bumping (the knowing and willful making or securing of a fraudulent weight on a shipment of household goods).

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 16 October 1980

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• Passed House amended

  summary · EN · 25 September 1980

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• Reported to House with amendment(s)

  summary · EN · 23 September 1980

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• Passed Senate amended

  summary · EN · 20 December 1979

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• Reported to Senate with amendment(s)

  summary · EN · 13 December 1979

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• Introduced in Senate

  summary · EN · 21 September 1979

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