§ 13702. Tariff Requirement for Certain Transportation
(c) Tariff Requirements for Household Goods Carriers.—
(1) In general.— A carrier providing transportation described in subsection (a)(2) shall maintain rates and related rules and practices in a published tariff. The tariff must be available for inspection by the (Surface Transportation) Board and be made available for inspection by shippers upon reasonable request.
(2) Notice of availability.— A carrier that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff.
(3) Requirements.— A carrier that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against any individual shipper.
(4) Incorporation by reference.— A carrier may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the transportation of household goods.
(5) Complaints.— A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the (Surface Transportation) Board for resolution.
§ 14903. Tariff Violations
(a) Civil Penalty for Undercharging and Overcharging.— A person that offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a carrier subject to jurisdiction under chapter 135 at a rate different than the rate in effect under section 13702 is liable to the United States for a civil penalty of not more than $100,000 for each violation.
(b) General Criminal Penalty.— A carrier providing transportation or service subject to jurisdiction under chapter 135 or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to jurisdiction under that chapter, that willfully does not observe its tariffs as required under section 13702, shall be fined under title 18 or imprisoned not more than 2 years, or both.
(c) Actions of Agents and Employees.— When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to this section are considered to be the actions and omissions of that carrier or shipper as well as that person.
(d) Venue.— Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted.