Summary: H.R.4441 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (10/10/2000)

Motor Carrier Fuel Cost Equity Act of 2000 - Amends the Federal transportation code to require any motor carrier, broker, or freight forwarder subject to the Secretary of Transportation and the Surface Transportation Board, and regularly providing truckload transportation service, to assess the payor of transportation charges under each service contract or agreement a surcharge (or other permitted fuel cost adjustment) based on mileage or percentage of revenue for fuel used in the transportation provided to such payor. Requires such a surcharge whenever an increase in the price of such fuel surpasses the benchmark difference between the current fuel price and the fuel price norm, when such difference exceeds $0.05. Requires the surcharge to be the amount necessary to compensate the motor carrier, broker, or freight forwarder or other person responsible for paying for fuel for any increase in the price from the fuel price norm.

Requires the surcharge to be: (1) calculated on the date the shipment is tendered to the motor carrier, broker, or freight forwarder; (2) itemized separately on invoices; and (3) paid by the payor of transportation charges.

Declares that any action to enforce this Act may only be brought by the motor carrier, broker, or freight forwarder that provided the transportation services against the payor of the charges, or by the payor against the motor carrier, broker, or freight forwarder. Limits a court's authority to determining only whether a surcharge under this Act (as opposed to any other charges) has been assessed or paid. Denies either the Secretary or the Board any regulatory or enforcement authority relating to this Act.

Declares that nothing in this Act shall: (1) be construed to prohibit any motor carrier, broker, or freight forwarder from including any reasonable privately negotiated fuel cost adjustment provision in any transportation contract or agreement; or (2) impair the ability of any person to enter into any contract or agreement after enactment of this Act that provides for a fuel adjustment during any period in which no fuel surcharge is required.

Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through, with due notice in writing, to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to the payor of fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge. Prohibits any intentional imposition of a fuel cost adjustment for the purpose of avoiding any payment under this Act.

Declares that the person responsible for paying for fuel may only bring an action to enforce this Act against the motor carrier, freight forwarder, or broker providing the transportation services with vehicles not owned by it.