The Carmack Amendment   Tags: transportation_law  

U.S. Constitutional Provisions

Article I

“The Congress shall have Power To . . . regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes . . . .”

Article II

The powers of the president are also particularly relevant in the realm of international law governing transportation. In particular, the president is given the power to make treaties under Section 2 of Article II of the Constitution:

“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur . . . .”

Federal Statutes Dealing with Transportation

Relevant Titles of the U.S. Code

Popular Names of Major Congressional Acts and Links to Brief Summaries

It would be impossible, and unnecessary, to list each and every Congressional act touching on transportation law; Congress has acted on innumerable occasions to adopt legislation to match the growing needs of a burgeoning economy and technological advances in transportation.

Regulatory and Administrative Bodies

The popular names given to the major individual acts dealing water, air, rail, and motor transport are listed below. All of these acts have been amended many times and recodified since they were originally passed by Congress, yet the surviving portions of each act are commonly referred to by popular name.

• Harter Act of 1906
• Carriage of Goods by Sea Act
• Warsaw Convention of 1929
• Carmack Amendment of 1906
• Interstate Commerce Act of 1887

Federal Statutes

• Title 15 - Commerce and Trade
• Title 19 - Customs Duties
• Title 23 - Highways
• Title 33 - Navigation and Navigable Waters
• Title 45 - Railroads
• Title 46 - Shipping
• Title 49 - Transportation

The links below set out the relevant titles of the current U.S. Code dealing with transportation matters and commerce generally:

The U.S. Department of Transportation (DOT) is vested with the authority to implement the acts of Congress dealing with transportation. The DOT is comprised of multiple agencies, each specializing in a particular area of transportation. Links to several of these agencies are listed below along with brief descriptions of each agency’s responsibilities:

• The Federal Motor Carrier Safety Administration (FMCSA) - established as a separate administration within the U.S. Department of Transportation pursuant to the Motor Carrier Safety Improvement Act of 1999. Among other things, the FMCSA attempts to detect and correct commercial motor vehicle safety defects, commercial vehicle driver deficiencies, and unsafe motor carrier practices before they become contributing factors to crashes and hazardous materials incidents.
  

• The Federal Railroad Administration (FRA) - created by the Department of Transportation Act of 1966. The purpose of FRA is to: promulgate and enforce rail safety regulations; administer railroad assistance programs; conduct research and development in support of improved railroad safety and national rail transportation policy; provide for the rehabilitation of Northeast Corridor rail passenger service; and consolidate government support of rail transportation activities.

• Maritime Administration (MARAD) - created to strengthen the U.S. maritime transportation system - including infrastructure, industry and labor - to meet the economic and security needs of the Nation. MARAD programs promote the development and maintenance of an adequate, well-balanced United States merchant marine, sufficient to carry the Nation’s domestic waterborne commerce and a substantial portion of its waterborne foreign commerce, and capable of service as a naval and military auxiliary in time of war or national emergency.

• Federal Highway Administration (FHWA) - FHWA is charged with the broad responsibility of ensuring that America’s roads and highways continue to be the safest and most technologically up-to-date. Although State, local, and tribal governments own most of the Nation’s highways, the FWHA provides financial and technical support to them for constructing, improving, and preserving America’s highway system.

• Surface Transportation Board (STB) - The Surface Transportation Board (STB) was created in the Interstate Commerce Commission Termination Act of 1995 and is the successor agency to the Interstate Commerce Commission. The STB is an economic regulatory agency that Congress charged with the fundamental missions of resolving railroad rate and service disputes and reviewing proposed railroad mergers.

J. Tucker Barr is a third-year law student at the Georgia State University College of Law. This Web resource was created as part of an Advanced Legal Research course taught by Nancy Johnson, law librarian and professor of law.

Bibliographies on this Web site were prepared for educational purposes by law students as part of Nancy P. Johnson's Advanced Legal Research course. The Law Library does not guarantee the accuracy, completeness, or usefulness of any information provided. Thorough legal research requires a researcher to update materials from date of publication; please note the semester and year the bibliography was prepared.