§ 14915. Penalties for failure to give up possession of household goods

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2005

   Household Goods Mover Oversight Enforcement and Reform Act of 2005

   Pub. L. 109–59 title IV § 4210(a) · 119 Stat. 1144

   Enacted · 49 U.S.C. § 14915

   Added Pub. L. 109–59, title IV, § 4210(a), Aug. 10, 2005, 119 Stat. 1758

   Source evidence

   Code source credit
   Added Pub. L. 109–59, title IV, § 4210(a), Aug. 10, 2005, 119 Stat. 1758

   Enacted provision · exact public law section
   (a) In General.— Chapter 149 of title 49, United States Code, is amended by adding at the end the following: “§ 14915. Penalties for failure to give up possession of household goods “(a) Civil Penalty.— “(1) In general.— Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000 for each violation. “(2) Each day, a separate violation.— Each day a carrier is found to have failed to give up possession of household goods may constitute a separate violation. “(3) Suspension.— If the person found holding a shipment hostage is a carrier or broker, the Secretary may suspend for a period of not less than 12 months nor more than 36 months the registration of such carrier or broker under chapter 139. The force and effect of such suspension of a carrier or broker shall extend to and include any carrier or broker having the same ownership or operational control as the suspended carrier or broker. “(b) Criminal Penalty.— Whoever has been convicted of having failed to give up possession of household goods shall be fined under title 18 or imprisoned for not more than 2 years, or both. “(c) Failure To Give Up Possession of Household Goods Defined.— For purposes of this section, the term ‘failed to give up possession of household goods’ means the knowing and willful failure, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods that is subject to jurisdiction under subchapter I or III of chapter 135 of this title, for which charges have been estimated by the motor carrier providing transportation of such goods, and for which the shipper has tendered a payment described in clause (i), (ii), or (iii) of section 13707(b)(3)(A).” .

2. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32922(b) · 126 Stat. 405

   Inserted · 49 U.S.C. § 14915(a)(1)

   Pub. L. 112–141, § 32922(b), inserted at end “The United States may assign all or a portion of the civil penalty to an aggrieved shipper. The Secretary of Transportation shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 112–141, § 32922(b), inserted at end “The United States may assign all or a portion of the civil penalty to an aggrieved shipper. The Secretary of Transportation shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper.”

   Enacted provision · exact public law section
   (b) Civil Penalties.— Section 14915(a)(1) is amended by adding at the end the following:   “The United States may assign all or a portion of the civil penalty to an aggrieved shipper. Criteria. The Secretary of Transportation shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper.” .

   Effective date note
   Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

3. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32923(b) · 126 Stat. 405

   Added · 49 U.S.C. § 14915(a)(4)

   Pub. L. 112–141, § 32923(b), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 112–141, § 32923(b), added par. (4).

   Enacted provision · exact public law section
   (b) Settlement of Household Goods Civil Penalties.— Section 14915(a) is amended by adding at the end the following: “(4) Settlement authority.— Nothing in this section shall be construed as prohibiting the Secretary from accepting partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.” .

   Effective date note
   Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

3 of 3 references resolved to an enrolled provision