Page:United States Statutes at Large Volume 109 Part 1.djvu/929

This page needs to be proofread.


PUBLIC LAW 104-88—DEC. 29, 1995 109 STAT. 913 under-charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with section 13702 or, with respect to transportation provided before the effective date of this section, sections 10761 and 10762, as in effect on the day before the effective date of this section. Resolution of such claims among the parties shall not subject any party to the penalties for departing from a tariff. " CHAPTER 149—CIVIL AND CRIMINAL PENALTIES Sec. "14901. General civil penalties. "14902. Civil penalty for accepting rebates from carrier. "14903. Tariff violations. "14904. Additional rate violations. "14905. Penalties for violations of rules relating to loading and unloading motor vehicles. "14906. Evasion of regulation of carriers and brokers. "14907. Recordkeeping and reporting violations. "14908. Unlawful disclosure of information. "1 4909. Disobedience to subpoenas. "14910. General civil penalty when specific penalty not provided. "14911. Punishment of corporation for violations committed by certain individuals. "14912. Weight-bumping in household goods transportation. "14913. Conclusiveness of rates in certain prosecutions. "1 4914. Civil penalty procedures.

    • § 14901. General civil penalties

"(a) REPORTING AND RECORDKEEPING.— ^A person required to make a report to the Secretary or the Board, answer a question, or make, prepare, or preserve a record under this part concerning transportation subject to jurisdiction under subchapter I or III of chapter 135 or transportation by a foreign carrier registered under section 13902, or an officer, agent, or employee of that person that- 'll) does not make the report; "(2) does not specifically, completely, and truthfully answer the question; "(3) does not make, prepare, or preserve the record in the form and manner prescribed; "(4) does not comply with section 13901; or "(5) does not comply with section 13902(c); is liable to the United States for a civil penalty of not less than $500 for each violation and for each additional day the violation continues; except that, in the case of a person who is not registered under this part to provide transportation of passengers, or an officer, agent, or employee of such person, that does not comply with section 13901 with respect to providing transportation of passengers, the amount of the civil penalty shall not be less than $2,000 for each violation and for each additional day the violation continues. "(b) TRANSPORTATION OF HAZARDOUS WASTES.— ^A person subject to jurisdiction under subchapter I of chapter 135, or an officer, agent, or employee of that person, and who is required to comply with section 13901 of this title but does not so comply with respect to the transportation of hazardous wastes as defined by the Environmental Protection Agency pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation