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DEPARTMENT OF TRANSPORTATION
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
LOADING AND UNLOADING SHIPMENTS TRANSPORTED IN INTERSTATE COMMERCE (LUMPING)
Applicable statutes under Title 49, U.S. Code:
13501.General jurisdiction--Motor Carrier Jurisdiction................................2
13531.General jurisdiction--Freight Forwarder Service................................2
13901.Requirement for registration...............................................................2
13902.Registration of motor carriers.............................................................3
13903.Registration of freight forwarders......................................................3
13904.Registration of brokers.......................................................................3
13906.Security of motor carriers, brokers, and freight forwarders...............3
14101.Providing transportation and service..................................................4
14102.Leased Motor Vehicles.......................................................................4
14103.Loading and unloading motor vehicles................................................5
§ 14905 Penalties for violations of rules relating to loading and unloading motor vehicles..................................................................5
General information on loading and unloading shipments..........................................6

February 2000

UNITED STATES CODE TITLE 49 TRANSPORTATION

SUBTITLE IV--INTERSTATE TRANSPORTATION

PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

In this part:

Board.--The term “Board” means the Surface Transportation Board. (49 USC § 13102(1))

Secretary.--The term “Secretary” means the Secretary of Transportation. (49 USC § 13102(17))

CHAPTER 135--JURISDICTION

SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

§ 13501. General jurisdiction

The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier--

(1)
between a place in--

(A)
a State and a place in another State;

(B)
a State and another place in the same State through another State;

(C)
the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;

(D)
the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or

(E)
the United States and a place in a foreign country to the extent the transportation is in the United States; and

(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

SUBCHAPTER III--FREIGHT FORWARDER SERVICE

§ 13531. General jurisdiction

(a)
In general.--The Secretary and the Board have jurisdiction, as specified in this part, over service that a freight forwarder undertakes to provide, or is authorized or required under this part to provide, to the extent transportation is provided in the United States and is between--

(1)
a place in a State and a place in another State, even if part of the transportation is outside the United States;

(2)
a place in a State and another place in the same State through a place outside the State; or

(3) a place in the United States and a place outside the United States.

(b)
Exemption of certain air carrierservice.--Neither the Secretarynor the Board has jurisdiction under subsection (a) of this section over service undertaken by a freight forwarder using transportation of an air carrier subject to Part A of subtitle VII of this title.

CHAPTER 139--REGISTRATION

§ 13901. Requirement for registration

A person may provide transportation or service subject to jurisdiction under subchapter I or III of chapter 135 or be a broker for transportation subject to jurisdiction under subchapter I of that chapter, only if the person is registered under this chapter to provide the transportation or service.

3

§ 13902. Registration of motor carriers

(a)
Motor carrier generally.--

(1)
In general.--Except as provided in this section, the Secretary shall register a person to provide transportationsubject to jurisdiction under subchapter I of chapter 135 of this title as a motor carrier if the Secretary finds that the person is willing and able to comply with--

(A) this part and the applicable regulations of the Secretary and the Board;

(B) any safety regulations imposed by the Secretary and the safety fitness requirements established by the Secretary under section 31144; and

(C) the minimum financial responsibility requirements established by the

Secretary pursuant to sections 13906 and 31138. * * *

§ 13903. Registration of freight forwarders

(a) In general.--The Secretary shall register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder ifthe Secretary finds that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and the Board.

* * *

§ 13904. Registration of brokers

(a) In general.--The Secretary shall register, subject to section 13906(b), a person to be a broker for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary.

* * *

§ 13906. Security of motor carriers, brokers, and freight forwarders

(a)
Motor carrier requirements.--

(1)
Liability insurance requirement.--The Secretary may register a motor carrier under section 13902 only if the registrant files with the Secretary a bond, insurance policy, or other type ofsecurity approved by the Secretary, in an amount not less than such amount as the Secretary prescribes * * *. A registration remains in effect only as long as the registrant continues to satisfy the security requirements of this paragraph.

* * *

(3)
Transportation insurance.--The Secretary may require a registered motor carrier to file with the Secretary a type of security sufficient to pay a shipper or consignee for damage to property of the shipper or consignee placed in the possession of the motor carrier as the result of transportation provided under this part. A carrier required by law to pay a shipper or consignee for loss, damage, or default for which a connecting motor carrier is responsible is subrogated, to the extent of the amount paid, to the rights of the shipper or consignee under any such security.

(b) Brokerrequirements.--The Secretary may register a person as a broker under section 13904 only if the person files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary to ensure that the transportation for which a broker arranges is provided. The registration remains in effect only as long as the broker continues to satisfy the security requirements of this subsection.

(c)
Freight forwarder requirements.--

(1)
Liability insurance.--The Secretary may register a person as a freight forwarder under section 13903 of this title only if the person files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary. * * *

(2)
Freight forwarder insurance.--The Secretary may require a registered freight forwarder to file with the Secretary a bond, insurance policy, or other type of security approved by the Secretary sufficient to pay, not more than the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service.

(3)
Effective period.--The freight forwarder’s registration remains in effect only as long as the freight forwarder continues to satisfy the security requirements of this subsection.

* * *

CHAPTER 141--OPERATIONS OF CARRIERS

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.

* * *

§ 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 onthem; and

(4)
have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.

(b)
Responsible party for loading and unloading.--The Secretaryshall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to jurisdiction under subchapter I of chapter 135 and any other person, under which such other person is to provide any portion of such transportation by a motor vehicle not owned by the carrier shall specify, in writing, who is responsible for loading and unloading the property onto and from the motor vehicle.

§ 14103. Loading and unloading motor vehicles

(a)
Shipperresponsible forassisting.--Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

(b)
Coercion prohibited.--It shall be unlawful to coerce or attempt to coerce any person providing transportation of propertybymotor vehicle for compensation in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.

CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

* * *

§ 14905. Penalties for violations of rules relating to loading and unloading motor vehicles

(a)
Civil penalties.--Whoever knowingly authorizes, consents to, or permits a violation of subsection (a) or (b) of section 14103 or who knowingly violates subsection

(a)
of such section is liable to the United States for a civil penalty of not more than $10,000 for each violation.

(b)
Criminal penalties.--Whoever knowingly violates section 14103(b) of this title shall be fined under title 18 or imprisoned not more than 2 years, or both.

GENERAL INFORMATION ON LOADING AND UNLOADING SHIPMENTS TRANSPORTED IN INTERSTATE COMMERCE

The general rule is that motor common and contract carriers provide loading and unloading as part of their service without separately stating the charges. These are considered part of the composite line-haul rate. The carrier, in conjunction with the shipper or receiver, determines the loading and unloading services to be performed and whether the driver is responsible.

A driver engaged in interstate commerce, whether an employee of the carrier or an owner operator leased to the carrier, is subject to the carrier’s directions regarding the operation of its vehicles and the services to be provided to customers, including loading and unloading.

Illegal lumping describes loading and unloading required by operators at warehouses, terminals, ports and other facilities when drivers are coerced into paying for loading and unloading. If a shipper or receiver requires a driver to use lumpers, the shipper or receiver must provide the lumpers or pay for their services.