Page:United States Statutes at Large Volume 109 Part 1.djvu/907

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PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 891 "(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on ssifety 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 Regulations. Secretary shall 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) SHIPPER RESPONSIBLE FOR ASSISTING.—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 property by motor 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. ^§ 14104. Household goods carrier operations "(a) GENERAL REGUIATORY AUTHORITY.— "(1) PAPERWORK MINIMIZATION. —The Secretary may issue regulations, including regulations protecting individual shippers, in order to cany out this part with respect to the transportation of household goods by motor carriers subject to jurisdiction under subchapter I of chapter 135. The regulations and paperwork required of motor carriers providing transportation of household goods shall be minimized to the maximum extent feasible consistent with the protection of individual shippers. "(2) PERFORMANCE STANDARDS. — "(A) IN GENERAL. —Regulations of the Secretary protecting individual shippers shall include, where appropriate, reasonable performance standards for the transportation of household goods subject to jurisdiction under subchapter I of chapter 135,. "(B) FACTORS TO CONSIDER.—In establishing performance standards under this paragraph, the Secretary shall take into account at least the following—