US (United States) Code. Title 49. Subtitle IV. Part A. Chapter 117: Enforcement, investigations, rights

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS,

AND REMEDIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-MISC1-

Sec.

11701. General authority.

11702. Enforcement by the Board.

11703. Enforcement by the Attorney General.

11704. Rights and remedies of persons injured by rail

carriers.

11705. Limitation on actions by and against rail carriers.

11706. Liability of rail carriers under receipts and bills of

lading.

11707. Liability when property is delivered in violation of

routing instructions.

-End-

-CITE-

49 USC Sec. 11701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11701. General authority

-STATUTE-

(a) Except as otherwise provided in this part, the Board may

begin an investigation under this part only on complaint. If the

Board finds that a rail carrier is violating this part, the Board

shall take appropriate action to compel compliance with this part.

(b) A person, including a governmental authority, may file with

the Board a complaint about a violation of this part by a rail

carrier providing transportation or service subject to the

jurisdiction of the Board under this part. The complaint must state

the facts that are the subject of the violation. The Board may

dismiss a complaint it determines does not state reasonable grounds

for investigation and action. However, the Board may not dismiss a

complaint made against a rail carrier providing transportation

subject to the jurisdiction of the Board under this part because of

the absence of direct damage to the complainant.

(c) A formal investigative proceeding begun by the Board under

subsection (a) of this section is dismissed automatically unless it

is concluded by the Board with administrative finality by the end

of the third year after the date on which it was begun.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 845.)

-MISC1-

PRIOR PROVISIONS

A prior section 11701, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1449; Pub. L. 96-296, Sec. 26(a), July 1, 1980, 94 Stat. 818; Pub.

L. 98-554, title II, Sec. 226(c)(4), Oct. 30, 1984, 98 Stat. 2851;

Pub. L. 99-521, Sec. 12(a), Oct. 22, 1986, 100 Stat. 2998; Pub. L.

100-690, title IX, Sec. 9111(i), Nov. 18, 1988, 102 Stat. 4534;

Pub. L. 103-272, Sec. 5(m)(34), July 5, 1994, 108 Stat. 1378,

related to general authority of Interstate Commerce Commission to

enforce this subtitle, prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a). See sections 11701, 14701,

and 15901 of this title.

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10704, 11103, 11704 of

this title.

-End-

-CITE-

49 USC Sec. 11702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11702. Enforcement by the Board

-STATUTE-

The Board may bring a civil action -

(1) to enjoin a rail carrier from violating sections 10901

through 10906 of this title, or a regulation prescribed or order

or certificate issued under any of those sections;

(2) to enforce subchapter II of chapter 113 of this title and

to compel compliance with an order of the Board under that

subchapter; and

(3) to enforce an order of the Board, except a civil action to

enforce an order for the payment of money, when it is violated by

a rail carrier providing transportation subject to the

jurisdiction of the Board under this part.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 845.)

-MISC1-

PRIOR PROVISIONS

A prior section 11702, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1450; Pub. L. 96-296, Secs. 15(c), 16(c), July 1, 1980, 94 Stat.

809, 810; Pub. L. 97-261, Sec. 25(e), Sept. 20, 1982, 96 Stat.

1125; Pub. L. 98-554, title II, Sec. 226(c)(5), Oct. 30, 1984, 98

Stat. 2851; Pub. L. 100-690, title IX, Sec. 9111(j), Nov. 18, 1988,

102 Stat. 4534, related to authority of Interstate Commerce

Commission to bring a civil action to enforce various provisions of

this subtitle, prior to the general amendment of this subtitle by

Pub. L. 104-88, Sec. 102(a). See sections 11702, 14702, and 15902

of this title.

-End-

-CITE-

49 USC Sec. 11703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11703. Enforcement by the Attorney General

-STATUTE-

(a) The Attorney General may, and on request of the Board shall,

bring court proceedings to enforce this part, or a regulation or

order of the Board or certificate issued under this part, and to

prosecute a person violating this part or a regulation or order of

the Board or certificate issued under this part.

(b) The United States Government may bring a civil action on

behalf of a person to compel a rail carrier providing

transportation subject to the jurisdiction of the Board under this

part to provide that transportation to that person in compliance

with this part at the same rate charged, or on conditions as

favorable as those given by the rail carrier, for like traffic

under similar conditions to another person.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 845.)

-MISC1-

PRIOR PROVISIONS

A prior section 11703, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1450, related to authority of Attorney General and United States

Government to bring civil actions to enforce this subtitle, prior

to the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a). See sections 11703, 14703, and 15903 of this title.

-End-

-CITE-

49 USC Sec. 11704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11704. Rights and remedies of persons injured by rail carriers

-STATUTE-

(a) A person injured because a rail carrier providing

transportation or service subject to the jurisdiction of the Board

under this part does not obey an order of the Board, except an

order for the payment of money, may bring a civil action in a

United States District Court to enforce that order under this

subsection.

(b) A rail carrier providing transportation subject to the

jurisdiction of the Board under this part is liable for damages

sustained by a person as a result of an act or omission of that

carrier in violation of this part. A rail carrier providing

transportation subject to the jurisdiction of the Board under this

part is liable to a person for amounts charged that exceed the

applicable rate for the transportation.

(c)(1) A person may file a complaint with the Board under section

11701(b) of this title or bring a civil action under subsection (b)

of this section to enforce liability against a rail carrier

providing transportation subject to the jurisdiction of the Board

under this part.

(2) When the Board makes an award under subsection (b) of this

section, the Board shall order the rail carrier to pay the amount

awarded by a specific date. The Board may order a rail carrier

providing transportation subject to the jurisdiction of the Board

under this part to pay damages only when the proceeding is on

complaint. The person for whose benefit an order of the Board

requiring the payment of money is made may bring a civil action to

enforce that order under this paragraph if the rail carrier does

not pay the amount awarded by the date payment was ordered to be

made.

(d)(1) When a person begins a civil action under subsection (b)

of this section to enforce an order of the Board requiring the

payment of damages by a rail carrier providing transportation

subject to the jurisdiction of the Board under this part, the text

of the order of the Board must be included in the complaint. In

addition to the district courts of the United States, a State court

of general jurisdiction having jurisdiction of the parties has

jurisdiction to enforce an order under this paragraph. The findings

and order of the Board are competent evidence of the facts stated

in them. Trial in a civil action brought in a district court of the

United States under this paragraph is in the judicial district -

(A) in which the plaintiff resides;

(B) in which the principal operating office of the rail carrier

is located; or

(C) through which the railroad line of that carrier runs.

In a civil action under this paragraph, the plaintiff is liable for

only those costs that accrue on an appeal taken by the plaintiff.

(2) All parties in whose favor the award was made may be joined

as plaintiffs in a civil action brought in a district court of the

United States under this subsection and all the rail carriers that

are parties to the order awarding damages may be joined as

defendants. Trial in the action is in the judicial district in

which any one of the plaintiffs could bring the action against any

one of the defendants. Process may be served on a defendant at its

principal operating office when that defendant is not in the

district in which the action is brought. A judgment ordering

recovery may be made in favor of any of those plaintiffs against

the defendant found to be liable to that plaintiff.

(3) The district court shall award a reasonable attorney's fee as

a part of the damages for which a rail carrier is found liable

under this subsection. The district court shall tax and collect

that fee as a part of the costs of the action.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 846.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11705 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11704, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1451, related to actions by private persons to enjoin abandonment

of service, prior to the general amendment of this subtitle by Pub.

L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11705 of this title.

-End-

-CITE-

49 USC Sec. 11705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11705. Limitation on actions by and against rail carriers

-STATUTE-

(a) A rail carrier providing transportation or service subject to

the jurisdiction of the Board under this part must begin a civil

action to recover charges for transportation or service provided by

the carrier within 3 years after the claim accrues.

(b) A person must begin a civil action to recover overcharges

under section 11704(b) of this title within 3 years after the claim

accrues, whether or not a complaint is filed under section

11704(c)(1).

(c) A person must file a complaint with the Board to recover

damages under section 11704(b) of this title within 2 years after

the claim accrues.

(d) The limitation period under subsection (b) of this section is

extended for 6 months from the time written notice is given to the

claimant by the rail carrier of disallowance of any part of the

claim specified in the notice if a written claim is given to the

rail carrier within that limitation period. The limitation periods

under subsections (b) and (c) of this section are extended for 90

days from the time the rail carrier begins a civil action under

subsection (a) of this section to recover charges related to the

same transportation or service, or collects (without beginning a

civil action under that subsection) the charge for that

transportation or service if that action is begun or collection is

made within the appropriate period.

(e) A person must begin a civil action to enforce an order of the

Board against a rail carrier for the payment of money within one

year after the date the order required the money to be paid.

(f) This section applies to transportation for the United States

Government. The time limitations under this section are extended,

as related to transportation for or on behalf of the United States

Government, for 3 years from the date of -

(1) payment of the rate for the transportation or service

involved;

(2) subsequent refund for overpayment of that rate; or

(3) deduction made under section 3726 of title 31, whichever is

later.

(g) A claim related to a shipment of property accrues under this

section on delivery or tender of delivery by the rail carrier.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 847.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11706 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11705, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1451; Pub. L. 99-521, Sec. 12(b), Oct. 22, 1986, 100 Stat. 2998,

related to rights and remedies of persons injured by certain

carriers, prior to the general amendment of this subtitle by Pub.

L. 104-88, Sec. 102(a). See sections 11704, 14704, and 15904 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10743 of this title.

-End-

-CITE-

49 USC Sec. 11706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11706. Liability of rail carriers under receipts and bills of

lading

-STATUTE-

(a) A rail carrier providing transportation or service subject to

the jurisdiction of the Board under this part shall issue a receipt

or bill of lading for property it receives for transportation under

this part. That rail carrier and any other carrier that delivers

the property and is providing transportation or service subject to

the jurisdiction of the Board under this part are liable to the

person entitled to recover under the receipt or bill of lading. The

liability imposed under this subsection is for the actual loss or

injury to the property caused by -

(1) the receiving rail carrier;

(2) the delivering rail carrier; or

(3) another rail carrier over whose line or route the property

is transported in the United States or from a place in the United

States to a place in an adjacent foreign country when transported

under a through bill of lading.

Failure to issue a receipt or bill of lading does not affect the

liability of a rail carrier. A delivering rail carrier is deemed to

be the rail carrier performing the line-haul transportation nearest

the destination but does not include a rail carrier providing only

a switching service at the destination.

(b) The rail carrier issuing the receipt or bill of lading under

subsection (a) of this section or delivering the property for which

the receipt or bill of lading was issued is entitled to recover

from the rail carrier over whose line or route the loss or injury

occurred the amount required to be paid to the owners of the

property, as evidenced by a receipt, judgment, or transcript, and

the amount of its expenses reasonably incurred in defending a civil

action brought by that person.

(c)(1) A rail carrier may not limit or be exempt from liability

imposed under subsection (a) of this section except as provided in

this subsection. A limitation of liability or of the amount of

recovery or representation or agreement in a receipt, bill of

lading, contract, or rule in violation of this section is void.

(2) A rail carrier of passengers may limit its liability under

its passenger rate for loss or injury of baggage carried on trains

carrying passengers.

(3) A rail carrier providing transportation or service subject to

the jurisdiction of the Board under this part may establish rates

for transportation of property under which -

(A) the liability of the rail carrier for such property is

limited to a value established by written declaration of the

shipper or by a written agreement between the shipper and the

carrier; or

(B) specified amounts are deducted, pursuant to a written

agreement between the shipper and the carrier, from any claim

against the carrier with respect to the transportation of such

property.

(d)(1) A civil action under this section may be brought in a

district court of the United States or in a State court.

(2)(A) A civil action under this section may only be brought -

(i) against the originating rail carrier, in the judicial

district in which the point of origin is located;

(ii) against the delivering rail carrier, in the judicial

district in which the principal place of business of the person

bringing the action is located if the delivering carrier operates

a railroad or a route through such judicial district, or in the

judicial district in which the point of destination is located;

and

(iii) against the carrier alleged to have caused the loss or

damage, in the judicial district in which such loss or damage is

alleged to have occurred.

(B) In this section, "judicial district" means (i) in the case of

a United States district court, a judicial district of the United

States, and (ii) in the case of a State court, the applicable

geographic area over which such court exercises jurisdiction.

(e) A rail carrier may not provide by rule, contract, or

otherwise, a period of less than 9 months for filing a claim

against it under this section and a period of less than 2 years for

bringing a civil action against it under this section. The period

for bringing a civil action is computed from the date the carrier

gives a person written notice that the carrier has disallowed any

part of the claim specified in the notice. For the purposes of this

subsection -

(1) an offer of compromise shall not constitute a disallowance

of any part of the claim unless the carrier, in writing, informs

the claimant that such part of the claim is disallowed and

provides reasons for such disallowance; and

(2) communications received from a carrier's insurer shall not

constitute a disallowance of any part of the claim unless the

insurer, in writing, informs the claimant that such part of the

claim is disallowed, provides reasons for such disallowance, and

informs the claimant that the insurer is acting on behalf of the

carrier.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 847.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11707 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11706, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1452; Pub. L. 97-258, Sec. 3(n), Sept. 13, 1982, 96 Stat. 1066;

Pub. L. 99-521, Sec. 12(c), Oct. 22, 1986, 100 Stat. 2998; Pub. L.

103-180, Sec. 3, Dec. 3, 1993, 107 Stat. 2049; Pub. L. 103-429,

Sec. 6(18), Oct. 31, 1994, 108 Stat. 4379, related to limitation on

actions by and against common carriers, prior to the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). See

sections 11705, 14705, and 15905 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10502, 24301 of this

title; title 28 sections 1337, 1445.

-End-

-CITE-

49 USC Sec. 11707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 11707. Liability when property is delivered in violation of

routing instructions

-STATUTE-

(a)(1) When a rail carrier providing transportation subject to

the jurisdiction of the Board under this part diverts or delivers

property to another rail carrier in violation of routing

instructions in the bill of lading, both of those rail carriers are

jointly and severally liable to the rail carrier that was deprived

of its right to participate in hauling that property for the total

amount of the rate it would have received if it participated in

hauling the property.

(2) A rail carrier is not liable under paragraph (1) of this

subsection when it diverts or delivers property in compliance with

an order or regulation of the Board.

(3) A rail carrier to whom property is transported is not liable

under this subsection if it shows that it had no notice of the

routing instructions before transporting the property. The burden

of proving lack of notice is on that rail carrier.

(b) The court shall award a reasonable attorney's fee to the

plaintiff in a judgment against the defendant rail carrier under

subsection (a) of this section. The court shall tax and collect

that fee as a part of the costs of the action.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 849.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11710 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

Prior sections 11707 to 11712 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 11707, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1453; Pub.

L. 96-258, Sec. 1(14), June 3, 1980, 94 Stat. 427; Pub. L. 96-296,

Sec. 26(b), July 1, 1980, 94 Stat. 818; Pub. L. 96-448, title II,

Sec. 211(c), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99-521, Sec.

12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100-690, title IX,

Sec. 9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of

common carriers under receipts and bills of lading. See sections

11706, 14706, and 15906 of this title.

Section 11708, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1454; Pub.

L. 99-521, Sec. 12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998,

related to private enforcement of motor carrier and household goods

freight forwarder licensing requirements. See section 14707 of this

title.

Section 11709, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1454,

related to liability for issuance of securities by certain

carriers.

Section 11710, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1455,

related to liability when property is delivered in violation of

routing instructions. See section 11707 of this title.

Section 11711, added Pub. L. 96-454, Sec. 7(a)(1), Oct. 15, 1980,

94 Stat. 2016; amended Pub. L. 97-261, Sec. 6(d)(2), Sept. 20,

1982, 96 Stat. 1107, related to dispute settlement program for

household goods carriers. See section 14708 of this title.

Section 11712, added Pub. L. 103-180, Sec. 4(a), Dec. 3, 1993,

107 Stat. 2049, related to tariff reconciliation rules for motor

common carriers of property. See section 14709 of this title.

-End-