49 U.S.C. § 14101 permits specified transportation contracts and express written waivers of covered statutory rights and remedies. It does not mean every shipping contract automatically waives federal protections. The carrier, service, transportation, and waiver language must fit the statute. [1] [2]
Identify the covered transportation and parties
The statute addresses carriers providing transportation or service subject to the referenced federal jurisdiction. Section 13501 supplies important jurisdictional coverage. A contract should identify the parties’ actual legal roles and the transportation involved rather than assume the word carrier fits every intermediary. [1] [2]
Subsection (a) addresses service on reasonable request, while subsection (b) permits the specified contracts. The contract provision has an exception for the described household-goods transportation. A general commercial-freight clause should not be copied into a different type of shipment without checking that limitation. [1]
The waiver must be express and written
The shipper and carrier can expressly waive covered rights and remedies in writing for the transportation covered by the contract. Merely signing a rate document does not establish that every possible statutory protection was waived. Identify the particular language and services to which it applies. [1]
The statute preserves provisions governing registration, insurance, and safety fitness from waiver. A broad clause saying all federal law is waived cannot erase those protected requirements. Contract terms concerning cargo responsibility, claims, rates, and remedies should be evaluated with the exact waiver and governing law.
Read the replacement remedy and practical terms
Section 14101 addresses an action for breach in an appropriate state or federal court unless the parties otherwise agree. That does not itself resolve every venue, jurisdiction, arbitration, or enforceability question. The actual agreement and the relevant law remain important. [1]
Before relying on a waiver, review the service description, parties, cargo terms, claims procedure, payment obligations, dispute forum, and signatures. Preserve the full contract and incorporated documents rather than only a bill or email referring to standard terms. For example, a waiver limited to particular contracted transportation may not answer a dispute about a different service. A useful analysis identifies what statutory rule would ordinarily apply, whether it was validly waived, and which contractual obligation supplies the remedy instead. [1] [2]
Related questions
See federal jurisdiction over carrier claims and admiralty and maritime jurisdiction.
Primary sources
- 49 U.S.C. § 14101 — Office of Law Revision Counsel
- 49 U.S.C. § 13501 — Office of Law Revision Counsel
Sources checked: October 31, 2026.