Fairness in Trucking Transactions Act - Amends federal transportation law to require certain fuel cost reimbursements by a motor carrier, broker, or freight forwarder providing or arranging truckload transportation or service using fuel for which it does not bear the cost.
Requires such a motor carrier, broker, or freight forwarder to reimburse persons (truckers) that do bear fuel costs for any such costs they have paid.
Prohibits any person from causing a motor carrier, broker, or freight forwarder to present false or misleading information on a document or in an oral representation about the actual rate, charge, or allowance to any party to the transaction or transportation.
Sets forth additional civil penalties (including the award of treble damages by a court) for a motor carrier, broker, or freight forwarder that fails to make a fuel cost payment to the cost bearer.
Provides for the confidentiality of information obtained by the Secretary of Transportation or the Surface Transportation Board in investigations of alleged violations of the payment of fuel costs.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5997 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5997
To amend title 49, United States Code, to require a motor carrier,
broker, or freight forwarder that collects a fuel surcharge to pay an
amount equal to the surcharge to the person that bears the cost of the
fuel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2008
Mr. Barrow introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require a motor carrier,
broker, or freight forwarder that collects a fuel surcharge to pay an
amount equal to the surcharge to the person that bears the cost of the
fuel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Trucking Transactions
Act''.
SEC. 2. PASS THROUGH OF MOTOR CARRIER FUEL COSTS.
(a) In General.--Section 14102 of title 49, United States Code, is
amended by adding at the end the following:
``(c) Pass Through to Cost Bearer.--A motor carrier, broker, or
freight forwarder providing or arranging truckload transportation or
service using fuel for which it does not bear the cost shall provide to
the person that bears the cost of such fuel a payment in an amount
equal to the sums it collects which relate to the cost of the fuel.''.
(b) Billing and Collection Practices.--Section 13708(b) of title
49, United States Code, is amended to read as follows:
``(b) False or Misleading Information.--No person may cause a motor
carrier, broker, or freight forwarder to present false or misleading
information on a document or in an oral representation about the actual
rate, charge, or allowance to any party to the transaction or
transportation.''.
(c) Enforcement.--
(1) In general.--Chapter 147 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 14712. Enforcement of requirements relating to pass through of
motor carrier fuel costs
``(a) Additional Civil Penalty.--In addition to other civil
penalties specified in this chapter, a motor carrier, broker, or
freight forwarder violating section 14102(c) by failing to make a
payment in the amount specified in section 14102(c) is liable to the
United States for a civil penalty in an amount equal to 3 times the
amount so specified.
``(b) Damages Awarded in Civil Actions Brought by Injured
Persons.--In a civil action brought under section 14704 for damages
sustained by a person as a result of a violation of section 14102(c), a
court may award damages in an amount equal to 3 times the amount of the
damages and attorney's fees in accordance with section 14704(e).
``(c) Confidentiality of Information.--Information that is obtained
by the Secretary or the Board in connection with an investigation of an
alleged violation of section 14102(c) and that relates to a
confidential matter referred to in section 1905 of title 18 may be
disclosed only to another officer or employee of the United States
Government for use in carrying out chapter 141 and this chapter. This
subsection does not authorize information to be withheld from a
committee of Congress authorized to have the information.''.
(2) Clerical amendment.--The analysis for such chapter is
amended by adding at the end the following:
``Sec. 14712. Enforcement of requirements relating to pass through of
motor carrier fuel costs.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line