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LOADING AND UNLOADING MOTOR VEHICLES TITLE 49 UNITED STATES CODE
§ 11109 (49 U.S.C. § 11109)
(a) 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 the jurisdiction of the
Commission under sub chapter II of Chapter 105 of this title) 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) It shall be unlawful to coerce or attempt
coerce any person providing transportation of property by motor
vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of
the Commission under subchapter II of chapter 105 of this title) 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.
PENALTIES FOR VIOLATIONS OF RULES RELATING
TO LOADING AND UNLOADING
§ 11902a. (49 U.S.C. § 11902a.)
(a) Any person who knowingly authorizes,
to, or permits a violation of subsection (a) or (b) of section
11109 of this title or who knowingly violates subsection (a) of such section is liable to the United States Government
for a civil penalty of not more than $10,000 for each violation.
(b) Any person who knowingly violates section
(b) of this title shall be fined not more than $10,000,
imprisoned for not more than 2 years, or both.
This section establishes civil and criminal penalties for violations of
section 11109. It includes civil penalties for those persons
owning docks who permit extortionate lumping practices to occur, and authorizes the Commission to bring court action to enjoin
violations of section 11109. (1980 H.R. Rpt. No. 96-1069, 96th Cong., 2d Sess., p. 31).
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