Page:United States Statutes at Large Volume 107 Part 3.djvu/114

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107 STAT. 2052 PUBLIC LAW 103-180—DEC. 3, 1993 ment is presented or transmitted electronically for payment to the person responsible directly to the motor carrier for payment or agent of such responsible person, the actual rates, charges, or allowances for the transportation service and shall prohibit any person from causing a motor carrier to present false or misleading information on a document about the actual rate, charge, or allowance to any party to the transaction. Where the actual rate, charge, or allowance is dependent upon the performance of a service by a party to the transportation arrangement, such as tendering a volume of freight over a stated period of time, the motor carrier shall indicate in any document presented for payment to the person responsible directly to the motor carrier for the payment that a reduction, allowance, or other adjustment may apply. "(c) PAYMENTS OR ALLOWANCES FOR CERTAIN SERVICES. — The regulations issued by the Commission pursuant to this section shall not prohibit a motor carrier from making payments or allowances to a party to the transaction for services that would otherwise be performed by the motor carrier, such as a loading or unloading service, if the payments or allowances are reasonably related to the cost that such party knows or has reason to know would otherwise be incurred by the motor carrier.". (b) CONFORMING AMENDMENT.—The analysis for such subchapter is amended by adding at the end the following new item: "10767. Billing and collecting practices.". (c) VIOLATION.— 49 USC 11901. (1) IN GENERAL.— Section 11901 of such title is amended by redesignating subsection (1) as subsection (m) and by inserting after subsection (k) the following: "(1) RATE DISCOUNTS.— ^A person, or an officer, employee, or agent of that person, that knowingly pays, accepts, or solicits a reduced rate or rates in violation of the regulations issued under section 10767 of this title is liable to the United States for a civil penalty of not less than $5,000 and not more than $10,000 plus 3 times the amount of damages which a party incurs because of such violation. Notwithstanding any other provision of this title, the express civil penalties and damages provided for in this subsection are the exclusive legal sanctions to be imposed under this title for practices found to be in violation of the regulations issued under section 10767 and such violations do not render tariff or contract provisions void or unenforceable.". (2) VENUE. —Section 11901(m)(2) of such title (as redesignated by paragraph (1)) is amended by striking "or (k)" and inserting "(k), or (1)". SEC. 8. RESOLUTION OF DISPUTES RELATING TO CONTRACT OR COM- MON CARRIER CAPACITIES. Section 11101 of title 49, United States Code, is amended by adding at the end the following: "(d) RESOLUTION OF DISPUTES RELATING TO CONTRACT OR COM- MON CARRIER CAPACITIES. — If a motor carrier (other than a motor carrier providing transportation of household goods) subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title has authority to provide transportation as both a motor common carrier and a motor contract carrier and a dispute arises as to whether certain transportation is provided in its common carrier or contract carrier capacity and the parties are not