§10762. General tariff requirements

(a)(1) A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (except a motor common carrier) shall publish and file with the Commission tariffs containing the rates and (A) if a common carrier, classifications, rules, and practices related to those rates, and (B) if a contract carrier, rules and practices related to those rates, established under this chapter for transportation or service it may provide under this subtitle. A motor common carrier (excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13), or in noncontiguous domestic trade) shall publish and file with the Commission tariffs containing the rates for transportation it may provide under this subtitle. The Commission may prescribe other information that motor common carriers (excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13), or in noncontiguous domestic trade) shall include in their tariffs. A motor contract carrier of property is not required to publish or file actual or minimum rates under this subtitle. Except as provided in the Negotiated Rates Act of 1993 and the amendments made by that Act, nothing in the Trucking Industry Regulatory Reform Act of 1994 (and the amendments made by that Act) creates any obligation for a shipper based solely on a rate that was on file with the Commission or elsewhere on the date of enactment of such Act.

(2) Carriers that publish tariffs under paragraph (1) of this subsection shall keep them open for public inspection. A rate contained in a tariff filed by a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 shall be stated in money of the United States. A tariff filed by a motor or water contract carrier or by a household goods freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of that chapter, respectively, may not become effective for 30 days after it is filed.

(3) A motor common carrier of property (other than a motor common carrier providing transportation of household goods or in noncontiguous domestic trade) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a motor common carrier is challenged by the person paying the freight charges, the Commission shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In those cases where a motor common carrier (other than a motor common carrier providing transportation of household goods or in noncontiguous domestic trade) seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the Commission determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges.

(4) If a shipper seeks to contest the charges originally billed, the shipper may request that the Commission determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges.

(5) Any tariff on file with the Commission on the date of enactment of the Trucking Industry Regulatory Reform Act of 1994 not required to be filed with the Commission after the enactment of that Act is null and void beginning on that date.

(b)(1) The Commission shall prescribe the form and manner of publishing, filing, and keeping tariffs open for public inspection under this section. The Commission may prescribe specific charges to be identified in a tariff published by a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter, but those tariffs must identify plainly—

(A) the places between which property and passengers will be transported;

(B) terminal, storage, and icing charges (stated separately) if a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter;

(C) terminal charges if a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter III or IV of that chapter;

(D) privileges given and facilities allowed; and

(E) any rules that change, affect, or determine any part of the published rate.

(2) A joint tariff filed by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter shall identify the carriers that are parties to it. The carriers that are parties to a joint tariff, other than the carrier filing it, must file a concurrence or acceptance of the tariff with the Commission but are not required to file a copy of the tariff. The Commission may prescribe or approve what constitutes a concurrence or acceptance.

(c)(1) When a common carrier (excluding a motor common carrier providing transportation of property other than household goods, under an individually determined rate, classification, rule, or practice defined in section 10102(13), or in a noncontiguous domestic trade) providing transportation or service subject to the jurisdiction of the Commission (A) under subchapter I of chapter 105 of this title proposes to change a rate, or (B) under another subchapter of that chapter proposes to change a rate, classification, rule, or practice, the carrier shall publish, file, and keep open for public inspection a notice of the proposed change as required under subsections (a) and (b) of this section.

(2) When a contract carrier (except a motor contract carrier of property) providing transportation subject to the jurisdiction of the Commission under subchapter II or III of chapter 105 of this title proposes to establish a new rate or to reduce a rate, directly or by changing a rule or practice related to the rate or the value of service under the rate, the carrier shall publish, file, and keep open for public inspection a notice of the new or reduced rate as required under subsections (a) and (b) of this section.

(3) A notice filed under this subsection shall plainly identify the proposed change or new or reduced rate and indicate its proposed effective date. In the case of a carrier other than a rail carrier and motor common carrier of passengers with respect to special or charter transportation, a proposed rate change or a new or reduced rate may not become effective for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section. In the case of a rail carrier, a proposed rate change resulting in an increased rate or a new rate shall not become effective for 20 days after the notice is published and a proposed rate change resulting in a reduced rate shall not become effective for 10 days after the notice is published, except that a contract authorized under section 10713 of this title shall become effective in accordance with the provisions of such section. In the case of a motor common carrier of passengers, a proposed rate change resulting in an increased rate or a new rate applicable to special or charter transportation shall not become effective for 30 days after the notice is published, and a proposed rate change resulting in a reduced rate applicable to special or charter transportation shall not become effective for 10 days after the notice is published.

(d)(1) The Commission may reduce the notice period of subsections (a) and (c) of this section if cause exists. The Commission may change the other requirements of this section if cause exists in particular instances or as they apply to special circumstances.

(2) The Commission may prescribe regulations for the simplification of tariffs by carriers providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title and permit them to change rates, classifications, rules, and practices without filing complete tariffs that cover matter that is not being changed when the Commission finds that action to be consistent with the public interest. Those carriers may publish new tariffs that incorporate changes or plainly indicate the proposed changes in the tariffs then in effect and kept open for public inspection. However, the Commission shall require that all rates of rail carriers and rail rate-making associations be incorporated in their individual tariffs by the end of the 2d year after initial publication of the rate, or by the end of the 2d year after a change in a rate becomes effective, whichever is later. The Commission may extend those periods if cause exists, but if it does, it must send a notice of the extension and a statement of the reasons for the extension to Congress. A rate not incorporated in an individual tariff as required by the Commission is void.

(e) The Commission may reject a tariff submitted to it by a common carrier under this section if that tariff violates this section or regulation of the Commission carrying out this section.

(f) The Commission may grant relief from this section to contract carriers when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers and on its own initiative for a water contract carrier or group of water contract carriers.

(g) The Commission shall streamline and simplify, to the maximum extent practicable, the filing requirements applicable under this section to motor common carriers of property with respect to transportation provided under certificates to which the provisions of section 10922(b)(4)(E) ¹ of this title apply and to motor contract carriers of property with respect to transportation provided under permits to which the provisions of section 10923(b)(5) ¹ of this title apply.

(h) Customer Account Codes.—No tariff filed by a motor carrier of property with the Commission before, on, or after the date of the enactment of this subsection may be held invalid solely on the basis that a numerical or alpha account code is used in such tariff to designate customers or to describe the applicability of rates. For transportation performed on and after the 180th day following such date of enactment, the name of the customer for each account code must be set forth in the tariff (other than the tariff of a motor carrier providing transportation of household goods).

(i) Range Tariffs.—No tariff filed by a motor carrier of property with the Commission before, on, or after the date of the enactment of this subsection may be held invalid solely on the basis that the tariff does not show a specific rate or discount for a specific shipment if the tariff is based on a range of rates or discounts for specific classes of shipments. For transportation performed on or after the 180th day following such date of enactment, such a range tariff must identify the specific rate or discount from among the range of rates or discounts contained in such range tariff which is applicable to each specific shipment or must contain an objective means for determining the rate.

(j) Nothing in this section shall affect the application of the provisions of the Negotiated Rates Act of 1993 (or the amendments made by that Act) to undercharge claims for transportation provided prior to the date of enactment of the Trucking Industry Regulatory Reform Act of 1994.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, §5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96–448, title II, §216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97–261, §12(b), Sept. 20, 1982, 96 Stat. 1113; Pub. L. 99–521, §7(k), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–180, §5, Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, §206(c)–(e), Aug. 26, 1994, 108 Stat. 1684, 1685.)

The section consolidates and restates the source provisions for clarity. The word “tariff” is substituted for “tariffs” and “schedules” for consistency and in view of the definition of “tariff” in section 10102. The word “rate” is substituted for “rates, fares, and charges” for consistency in view of the definition of “rate” in section 10102 of this title. The word “rules” is substituted for “rules, and regulations” for consistency when referring to a carrier. The word “service” is retained for consistency when referring to a freight forwarder. The word “transportation” is substituted for “carried”, “handled”, and “transportation and services connected therewith” for consistency in view of the definition of “transportation” in section 10102 of this title.

In subsection (a), the words “A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title” are inserted to conform the section to the revised title. The words “between different points on its own route and between points on its own route and points on the route of any other carrier” are omitted as unnecessary in view of the restatement. The words “If no joint rate over the through route has been established, the several carriers to such through route shall file the separately established rates . . . applied to the through transportation” and “of passengers or property in interstate or foreign commerce” in 49:317(a), 318(a), and 906(a) and (e) are omitted as unnecessary in view of the restatement. The word “classifications” is substituted for “classification of freight in force” in 49:6(1) for clarity and consistency. The words “has provided” are substituted for “having rendered” for clarity. The word “that” is substituted for “such” for consistency. The words “for at least” are substituted for “not less than” for clarity. The word “reasonable” is omitted in view of section 10701 of the revision. See also the revision note to section 10101 of the revised title. The word “only” is inserted for clarity. The words “after hearing” in 49:318(a) (2d sentence proviso) are omitted as unnecessary in view of subchapter II of chapter 5 of title 5. The word “lawful” in 49:317(a), 906(b), and 1005(b) is omitted as surplus. The words “may not become effective for 30 days” are substituted for “except after thirty days’ notice” in 49:318(a), 906(e), and 1005(a) for clarity. The words “on the route of any common carrier by railroad . . . when a through route and joint rate shall have been established” are omitted as unnecessary in view of the restatement. The words “subject to this chapter” in 49:1005(a) are omitted as unnecessary in view of the restatement.

In subsection (b), the words “The Commission may prescribe specific charges to be identified in a tariff” are substituted for “all other charges which the Commission may require” for clarity. The words “must identify plainly” are substituted for “shall plainly state” for clarity. The words “a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter” are inserted to conform to the revised title. The word “given” is substituted for “granted” for consistency. The words “A joint tariff . . . shall identify the carriers that are parties to it” are substituted for “The names of the several carriers which are parties to any joint tariff shall be specified therein” in 49:6(4) for clarity. The 4th and 5th sentences of 49:6(1) are omitted as obsolete and unnecessary in view of the restatement.

Subsection (c) is divided into paragraphs to preserve the existing distinctions applicable to the different types of carriers. The words “When a . . . carrier . . . proposes to” are inserted for clarity. The words “the carrier shall publish, file, and keep open for public inspection a notice . . . as required under subsections (a) and (b) of this section” are substituted for “published as aforesaid” for clarity. The words “A notice . . . shall plainly identify” are substituted for “which shall plainly state” for clarity. The words “the proposed change . . . and indicate its proposed effective date” are substituted for “the changes proposed to be made in the schedule then in force and the time when the changed rates . . . will go into effect” for clarity. The words “for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section” are substituted for “except after thirty days’ notice” for clarity.

In subsection (d), the words “The Commission may reduce the 30-day period of subsections (a) and (c) of this section” are substituted for “the Commission may . . . allow changes upon less than the notice herein specified” for clarity. The words “in its discretion” are omitted as surplus. The words “change the other requirements of this section” are substituted for “modify the requirements of this section in respect to publishing, posting, and filing of tariffs” for clarity. The words “in particular instances or as they apply to special circumstances” are substituted for “either in particular instances or by a general order applicable to special or peculiar circumstances or conditions” because of the general authority to prescribe regulations under section 10321(a) of the revised subtitle. The words “may prescribe regulations for the simplification of tariffs by” are substituted for “is hereby authorized to make suitable rules and regulations for the simplification of schedules” in 49:6(3) for clarity. The words “carriers providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title” are inserted to conform to the revised title. The words “permit them to change rates, . . . without filing complete tariffs that cover matter that is not being changed” are substituted for “to permit in such rules . . . the filing of an amendment of or change in any rate, . . . without filing complete schedules covering rates, . . . not changed” in 49:6(3) for clarity. The words “Those carriers may publish” are inserted for clarity. The words “new tariffs that incorporate changes or plainly indicate the proposed changes on the tariffs then in effect” are substituted for “the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time” in 49:6(3) for clarity. The words “beginning 2 years after February 4, 1976” in 49:6(6) are omitted as executed. The words “rail carriers” are substituted for “common carrier by railroad” in 49:6(6) for consistency. The words “subject to this chapter” in 49:6(6) are omitted as unnecessary in view of the restatement. The words “becomes effective” are substituted for “is approved” in 49:6(6) for clarity. The word “void” is substituted for “null and void” in 49:6(6) to eliminate redundancy. The words “of time” in 49:6(6) are omitted as surplus. The words “for the extension” are substituted for “therefore” in 49:6(6) for clarity. The word “send” is substituted for “shall be promptly transmitted” in 49:6(6) for clarity.

In subsection (e), the word “may” is substituted for “is authorized” for clarity. The word “submitted” is substituted for “filed” and for the text of 49:6(9) for clarity. The words “under this section” are inserted for clarity. The word “violates” is substituted for “which is not in accordance” for clarity. The words “Any schedule so rejected by the Commission shall be void and its use shall be unlawful” are omitted as unnecessary in view of the restatement.

In subsection (f), the words “from this section” are substituted for “from the provisions of this paragraph” in 49:318(a) and “from the provisions of this subsection” in 49:906(e) to conform to the revised title. The words “to such extent and for such time, and in such manner as in its judgment” are omitted as unnecessary in view of the restatement. The words “may begin a proceeding under this subsection” are substituted for “after hearing” in view of subchapter II of chapter 5 of title 5. The words “on application” are substituted for “may apply to” for clarity. The word “group” is substituted for “class or group” as being more inclusive. The words “for good cause shown” in 49:906(e) (7th sentence proviso) are omitted as surplus in view of the specific criteria imposed by that section.

References in Text

The Negotiated Rates Act of 1993, referred to in subsecs. (a)(1) and (j), is Pub. L. 103–180, Dec. 3, 1993, 107 Stat. 2044, which enacted sections 10767 and 11712 of this title, amended this section and sections 10701, 10702, 11101, 11706, 11901, and 11909 of this title, and enacted provisions set out as notes under sections 10101 and 10701 of this title. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 10101 of this title and Tables.

The Trucking Industry Regulatory Reform Act of 1994, referred to in subsec. (a)(1), is title II of Pub. L. 103–311, Aug. 26, 1994, 108 Stat. 1683, which enacted section 10936 of this title, amended this section and sections 10101, 10102, 10505, 10521, 10702, 10761, 10922, 10923, 10925, and 11501 of this title, and enacted provisions set out as notes under section 10101 of this title. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 10101 of this title and Tables.

The date of enactment of the Trucking Industry Regulatory Reform Act of 1994, referred to in subsecs. (a)(1), (5) and (j), is the date of enactment of Pub. L. 103–311, which was approved Aug. 26, 1994.

Section 10922(b)(4)(E) of this title, referred to in subsec. (g), was redesignated section 10922(c)(4)(E) of this title and subsequently repealed by Pub. L. 103–311, title II, §207(a)(1), (b)(2), Aug. 26, 1994, 108 Stat. 1686, 1687.

Section 10923(b)(5) of this title, referred to in subsec. (g), was redesignated section 10923(c)(5) of this title and subsequently repealed by Pub. L. 103–311, title II, §208(b), (c)(2), Aug. 26, 1994, 108 Stat. 1687, 1688.

The date of the enactment of this subsection, referred to in subsecs. (h) and (i), is the date of enactment of Pub. L. 103–180, which was approved Dec. 3, 1993.

Amendments

1994—Subsec. (a)(1). Pub. L. 103–311, §206(c)(1)–(3), inserted “(excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13), or in noncontiguous domestic trade)” after “A motor common carrier” in second sentence and “(excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13), or in noncontiguous domestic trade)” after “motor common carriers” in third sentence and substituted last two sentences for former last sentence which read as follows: “A motor contract carrier that serves only one shipper and has provided continuous transportation to that shipper for at least one year or a motor carrier of property providing transportation under a certificate to which the provisions of section 10922(b)(4)(E) of this title apply or under a permit to which the provisions of section 10923(b)(5) of this title apply may file only its minimum rates unless the Commission finds that filing of actual rates is required in the public interest.”

Subsec. (a)(3) to (5). Pub. L. 103–311, §206(c)(4), added pars. (3) to (5).

Subsec. (c)(1). Pub. L. 103–311, §206(d)(1), inserted “(excluding a motor common carrier providing transportation of property other than household goods, under an individually determined rate, classification, rule, or practice defined in section 10102(13), or in a noncontiguous domestic trade)” after “common carrier”.

Subsec. (c)(2). Pub. L. 103–311, §206(d)(2), inserted “(except a motor contract carrier of property)” after “contract carrier”.

Subsec. (j). Pub. L. 103–311, §206(e), added subsec. (j).

1993—Subsecs. (h), (i). Pub. L. 103–180 added subsecs. (h) and (i).

1986—Subsec. (a)(2). Pub. L. 99–521 inserted “household goods” before “freight forwarder”.

1982—Subsec. (c)(3). Pub. L. 97–261 inserted “and motor common carrier of passengers with respect to special or charter transportation” after “In the case of a carrier other than a rail carrier”, and inserted provision that, in the case of a motor common carrier of passengers, a proposed rate change resulting in an increased rate or a new rate applicable to special or charter transportation shall not become effective for 30 days after the notice is published, and a proposed rate change resulting in a reduced rate applicable to special or charter transportation shall not become effective for 10 days after the notice is published.

1980—Subsec. (a)(1). Pub. L. 96–296, §5(c)(1), inserted provision authorizing a motor carrier of property providing transportation under a certificate to which section 10922(b)(4)(E) of this title applies or a permit to which section 10923(b)(5) of this title applies to file only its minimum rates unless the Commission finds filing of actual rates required in the public interest.

Subsec. (c)(3). Pub. L. 96–448, §216(a), substituted “In the case of a carrier other than a rail carrier, a proposed” for “A proposed” and inserted provision specifying, in the case of a rail carrier, the notice period prior to a proposed rate change becoming effective.

Subsec. (d)(1). Pub. L. 96–448, §216(b), substituted “notice period” for “30-day period”.

Subsec. (g). Pub. L. 96–296, §5(c)(2), added subsec. (g).

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 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 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 10505, 10701, 10705a, 10708, 10730, 10735, 10764, 10765, 10925, 11712, 11901 of this title; title 43 section 942–1.

¹ See References in Text note below.