Page:United States Statutes at Large Volume 109 Part 1.djvu/906

This page needs to be proofread.

109 STAT. 890 PUBLIC LAW 104r-88—DEC. 29, 1995 this section, together with such recommendations for legislative language necessary to conform this part to such changes. " CHAPTER 141—OPERATIONS OF CARRIERS "SUBCHAPTER I—GENERAL REQUIREMENTS "Sec. "14101. Providing transportation and service. "14102. Leased motor vehicles. "14103. Loading and unloading motor vehicles. "14104. Household goods carrier operations. "SUBCHAPTER II—REPORTS AND RECORDS "14121. Definitions. "14122. Records: form; inspection; preservation. "14123. Financial reporting. "SUBCHAPTER I—GENERAL REQUIREMENTS "§ 14101. Providing transportation and service "(a) ON REASONABLE REQUEST.— ^A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities. "(b) CONTRACTS WITH SHIPPERS. — "(1) IN GENERAL.—^A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness. "(2) REMEDY FOR BREACH OF CONTRACT. —The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree. '*§ 14102. Leased motor vehicles "(a) GENERAL AUTHORITY OF SECRETARY. —The Secretary may require a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 that uses motor vehicles not owned by it to transport property under an arrangement with another party to— "(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier; "(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect; "(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and