US (United States) Code. Title 49. Subtitle IV. Part B. Chapter 147: Enforcement; Investigations; Rights; Remedies

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Motor and water carriers, brokers and freight forwarders

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publicidad

-CITE-

49 USC CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS;

REMEDIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-MISC1-

Sec.

14701. General authority.

14702. Enforcement by the regulatory authority.

14703. Enforcement by the Attorney General.

14704. Rights and remedies of persons injured by carriers or

brokers.

14705. Limitation on actions by and against carriers.

14706. Liability of carriers under receipts and bills of

lading.

14707. Private enforcement of registration requirement.

14708. Dispute settlement program for household goods

carriers.

14709. Tariff reconciliation rules for motor carriers of

property.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 113 of this title.

-End-

-CITE-

49 USC Sec. 14701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14701. General authority

-STATUTE-

(a) Investigations. - The Secretary or the Board, as applicable,

may begin an investigation under this part on the Secretary's or

the Board's own initiative or on complaint. If the Secretary or

Board, as applicable, finds that a carrier or broker is violating

this part, the Secretary or Board, as applicable, shall take

appropriate action to compel compliance with this part. If the

Secretary finds that a foreign motor carrier or foreign motor

private carrier is violating chapter 139, the Secretary shall take

appropriate action to compel compliance with that chapter. The

Secretary or Board, as applicable, may take action under this

subsection only after giving the carrier or broker notice of the

investigation and an opportunity for a proceeding.

(b) Complaints. - A person, including a governmental authority,

may file with the Secretary or Board, as applicable, a complaint

about a violation of this part by a carrier providing, or broker

for, transportation or service subject to jurisdiction under this

part or a foreign motor carrier or foreign motor private carrier

providing transportation registered under section 13902 of this

title. The complaint must state the facts that are the subject of

the violation. The Secretary or Board, as applicable, may dismiss a

complaint that it determines does not state reasonable grounds for

investigation and action.

(c) Deadline. - A formal investigative proceeding begun by the

Secretary or Board under subsection (a) of this section is

dismissed automatically unless it is concluded with administrative

finality by the end of the 3d year after the date on which it was

begun.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

904.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11701 of this title prior to the general amendment of this

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

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 13905, 14704 of this

title.

-End-

-CITE-

49 USC Sec. 14702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14702. Enforcement by the regulatory authority

-STATUTE-

(a) In General. - The Secretary or the Board, as applicable, may

bring a civil action -

(1) to enforce section 14103 of this title; or

(2) to enforce this part, or a regulation or order of the

Secretary or Board, as applicable, when violated by a carrier or

broker providing transportation or service subject to

jurisdiction under subchapter I or III of chapter 135 of this

title or by a foreign motor carrier or foreign motor private

carrier providing transportation registered under section 13902

of this title.

(b) Venue. - In a civil action under subsection (a)(2) of this

section -

(1) trial is in the judicial district in which the carrier,

foreign motor carrier, foreign motor private carrier, or broker

operates;

(2) process may be served without regard to the territorial

limits of the district or of the State in which the action is

instituted; and

(3) a person participating with a carrier or broker in a

violation may be joined in the civil action without regard to the

residence of the person.

(c) Standing. - The Board, through its own attorneys, may bring

or participate in any civil action involving motor carrier

undercharges.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

905.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11702 of this title prior to the general amendment of this

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

-End-

-CITE-

49 USC Sec. 14703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14703. Enforcement by the Attorney General

-STATUTE-

The Attorney General may, and on request of either the Secretary

or the Board shall, bring court proceedings -

(1) to enforce this part or a regulation or order of the

Secretary or Board or terms of registration under this part; and

(2) to prosecute a person violating this part or a regulation

or order of the Secretary or Board or term of registration under

this part.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

905.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11703 of this title prior to the general amendment of this

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

-End-

-CITE-

49 USC Sec. 14704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14704. Rights and remedies of persons injured by carriers or

brokers

-STATUTE-

(a) In General. -

(1) Enforcement of order. - A person injured because a carrier

or broker providing transportation or service subject to

jurisdiction under chapter 135 does not obey an order of the

Secretary or the Board, as applicable, under this part, except an

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

enforce that order under this subsection. A person may bring a

civil action for injunctive relief for violations of sections

14102 and 14103.

(2) Damages for violations. - A carrier or broker providing

transportation or service subject to jurisdiction under chapter

135 is liable for damages sustained by a person as a result of an

act or omission of that carrier or broker in violation of this

part.

(b) Liability and Damages for Exceeding Tariff Rate. - A carrier

providing transportation or service subject to jurisdiction under

chapter 135 is liable to a person for amounts charged that exceed

the applicable rate for transportation or service contained in a

tariff in effect under section 13702.

(c) Election. -

(1) Complaint to dot or board; civil action. - A person may

file a complaint with the Board or the Secretary, as applicable,

under section 14701(b) or bring a civil action under subsection

(b) to enforce liability against a carrier or broker providing

transportation or service subject to jurisdiction under chapter

135.

(2) Order of dot or board. -

(A) In general. - When the Board or Secretary, as applicable,

makes an award under subsection (b) of this section, the Board

or Secretary, as applicable, shall order the carrier to pay the

amount awarded by a specific date. The Board or Secretary, as

applicable, may order a carrier or broker providing

transportation or service subject to jurisdiction under chapter

135 to pay damages only when the proceeding is on complaint.

(B) Enforcement by civil action. - The person for whose

benefit an order of the Board or Secretary requiring the

payment of money is made may bring a civil action to enforce

that order under this paragraph if the carrier or broker does

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

be made.

(d) Procedure. -

(1) In general. - When a person begins a civil action under

subsection (b) of this section to enforce an order of the Board

or Secretary requiring the payment of damages by a carrier or

broker providing transportation or service subject to

jurisdiction under chapter 135 of this title, the text of the

order of the Board or Secretary 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 or Secretary 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 in which the plaintiff

resides or in which the principal operating office of the carrier

or broker is located. 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) Parties. - 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 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.

(e) Attorney's Fees. - The district court shall award a

reasonable attorney's fee under this section. The district court

shall tax and collect that fee as part of the costs of the action.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

905.)

-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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14705 of this title.

-End-

-CITE-

49 USC Sec. 14705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14705. Limitation on actions by and against carriers

-STATUTE-

(a) In General. - A carrier providing transportation or service

subject to jurisdiction under chapter 135 must begin a civil action

to recover charges for transportation or service provided by the

carrier within 18 months after the claim accrues.

(b) Overcharges. - A person must begin a civil action to recover

overcharges within 18 months after the claim accrues. If the claim

is against a carrier providing transportation subject to

jurisdiction under chapter 135 and an election to file a complaint

with the Board or Secretary, as applicable, is made under section

14704(c)(1), the complaint must be filed within 3 years after the

claim accrues.

(c) Damages. - A person must file a complaint with the Board or

Secretary, as applicable, to recover damages under section 14704(b)

within 2 years after the claim accrues.

(d) Extensions. - The limitation periods under subsection (b) of

this section are extended for 6 months from the time written notice

is given to the claimant by the carrier of disallowance of any part

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

the carrier within those limitation periods. The limitation periods

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

days from the time the carrier begins a civil action under

subsection (a) 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) Payment. - A person must begin a civil action to enforce an

order of the Board or Secretary against a carrier within 1 year

after the date of the order.

(f) Government Transportation. - 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 later of 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.

(g) Accrual Date. - A claim related to a shipment of property

accrues under this section on delivery or tender of delivery by the

carrier.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

907.)

-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).

-End-

-CITE-

49 USC Sec. 14706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14706. Liability of carriers under receipts and bills of

lading

-STATUTE-

(a) General Liability. -

(1) Motor carriers and freight forwarders. - A carrier

providing transportation or service subject to jurisdiction under

subchapter I or III of chapter 135 shall issue a receipt or bill

of lading for property it receives for transportation under this

part. That carrier and any other carrier that delivers the

property and is providing transportation or service subject to

jurisdiction under subchapter I or III of chapter 135 or chapter

105 are liable to the person entitled to recover under the

receipt or bill of lading. The liability imposed under this

paragraph is for the actual loss or injury to the property caused

by (A) the receiving carrier, (B) the delivering carrier, or (C)

another 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 and, except in the case of a

freight forwarder, applies to property reconsigned or diverted

under a tariff under section 13702. Failure to issue a receipt or

bill of lading does not affect the liability of a carrier. A

delivering carrier is deemed to be the carrier performing the

line-haul transportation nearest the destination but does not

include a carrier providing only a switching service at the

destination.

(2) Freight forwarder. - A freight forwarder is both the

receiving and delivering carrier. When a freight forwarder

provides service and uses a motor carrier providing

transportation subject to jurisdiction under subchapter I of

chapter 135 to receive property from a consignor, the motor

carrier may execute the bill of lading or shipping receipt for

the freight forwarder with its consent. With the consent of the

freight forwarder, a motor carrier may deliver property for a

freight forwarder on the freight forwarder's bill of lading,

freight bill, or shipping receipt to the consignee named in it,

and receipt for the property may be made on the freight

forwarder's delivery receipt.

(b) Apportionment. - The 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 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) Special Rules. -

(1) Motor carriers. -

(A) Shipper waiver. - Subject to the provisions of

subparagraph (B), a carrier providing transportation or service

subject to jurisdiction under subchapter I or III of chapter

135 may, subject to the provisions of this chapter (including

with respect to a motor carrier, the requirements of section

13710(a)), establish rates for the transportation of property

(other than household goods described in section 13102(10)(A))

under which the liability of the carrier for such property is

limited to a value established by written or electronic

declaration of the shipper or by written agreement between the

carrier and shipper if that value would be reasonable under the

circumstances surrounding the transportation.

(B) Carrier notification. - If the motor carrier is not

required to file its tariff with the Board, it shall provide

under section 13710(a)(1) to the shipper, on request of the

shipper, a written or electronic copy of the rate,

classification, rules, and practices upon which any rate

applicable to a shipment, or agreed to between the shipper and

the carrier, is based. The copy provided by the carrier shall

clearly state the dates of applicability of the rate,

classification, rules, or practices.

(C) Prohibition against collective establishment. - No

discussion, consideration, or approval as to rules to limit

liability under this subsection may be undertaken by carriers

acting under an agreement approved pursuant to section 13703.

(2) Water carriers. - If loss or injury to property occurs

while it is in the custody of a water carrier, the liability of

that carrier is determined by its bill of lading and the law

applicable to water transportation. The liability of the initial

or delivering carrier is the same as the liability of the water

carrier.

(d) Civil Actions. -

(1) Against delivering carrier. - A civil action under this

section may be brought against a delivering carrier in a district

court of the United States or in a State court. Trial, if the

action is brought in a district court of the United States is in

a judicial district, and if in a State court, is in a State

through which the defendant carrier operates.

(2) Against carrier responsible for loss. - A civil action

under this section may be brought 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.

(3) Jurisdiction of courts. - A civil action under this section

may be brought in a United States district court or in a State

court.

(4) Judicial district defined. - In this section, "judicial

district" means -

(A) in the case of a United States district court, a judicial

district of the United States; and

(B) in the case of a State court, the applicable geographic

area over which such court exercises jurisdiction.

(e) Minimum Period for Filing Claims. -

(1) In general. - A 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.

(2) Special rules. - For the purposes of this subsection -

(A) 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

(B) 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 reason for such disallowance,

and informs the claimant that the insurer is acting on behalf

of the carrier.

(f) Limiting Liability of Household Goods Carriers to Declared

Value. - A carrier or group of carriers subject to jurisdiction

under subchapter I or III of chapter 135 may petition the Board to

modify, eliminate, or establish rates for the transportation of

household goods under which the liability of the carrier for that

property is limited to a value established by written declaration

of the shipper or by a written agreement.

(g) Modifications and Reforms. -

(1) Study. - The Secretary shall conduct a study to determine

whether any modifications or reforms should be made to the loss

and damage provisions of this section, including those related to

limitation of liability by carriers.

(2) Factors to consider. - In conducting the study, the

Secretary, at a minimum, shall consider -

(A) the efficient delivery of transportation services;

(B) international and intermodal harmony;

(C) the public interest; and

(D) the interest of carriers and shippers.

(3) Report. - Not later than 12 months after January 1, 1996,

the Secretary shall submit to Congress a report on the results of

the study, together with any recommendations of the Secretary

(including legislative recommendations) for implementing

modifications or reforms identified by the Secretary as being

appropriate.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

907; amended Pub. L. 104-287, Sec. 5(38), Oct. 11, 1996, 110 Stat.

3392.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 10730 and 11707 of this title prior to the general

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

AMENDMENTS

1996 - Subsec. (g)(3). Pub. L. 104-287 substituted "January 1,

1996" for "the effective date of this section".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 sections 1337, 1445.

-End-

-CITE-

49 USC Sec. 14707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14707. Private enforcement of registration requirement

-STATUTE-

(a) In General. - If a person provides transportation by motor

vehicle or service in clear violation of section 13901-13904 or

13906, a person injured by the transportation or service may bring

a civil action to enforce any such section. In a civil action under

this subsection, trial is in the judicial district in which the

person who violated that section operates.

(b) Procedure. - A copy of the complaint in a civil action under

subsection (a) shall be served on the Secretary and a certificate

of service must appear in the complaint filed with the court. The

Secretary may intervene in a civil action under subsection (a). The

Secretary may notify the district court in which the action is

pending that the Secretary intends to consider the matter that is

the subject of the complaint in a proceeding before the Secretary.

When that notice is filed, the court shall stay further action

pending disposition of the proceeding before the Secretary.

(c) Attorney's Fees. - In a civil action under subsection (a),

the court may determine the amount of and award a reasonable

attorney's fee to the prevailing party. That fee is in addition to

costs allowable under the Federal Rules of Civil Procedure.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

910.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (c),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11708 of this title prior to the general amendment of this

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

-End-

-CITE-

49 USC Sec. 14708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14708. Dispute settlement program for household goods carriers

-STATUTE-

(a) Offering Shippers Arbitration. - As a condition of

registration under section 13902 or 13903, a carrier providing

transportation of household goods subject to jurisdiction under

subchapter I or III of chapter 135 must agree to offer in

accordance with this section to shippers of household goods

arbitration as a means of settling disputes between such carriers

and shippers of household goods concerning damage or loss to the

household goods transported.

(b) Arbitration Requirements. -

(1) Prevention of special advantage. - The arbitration that is

offered must be designed to prevent a carrier from having any

special advantage in any case in which the claimant resides or

does business at a place distant from the carrier's principal or

other place of business.

(2) Notice of arbitration procedure. - The carrier must provide

the shipper an adequate notice of the availability of neutral

arbitration, including a concise easy-to-read, accurate summary

of the arbitration procedure, any applicable costs, and

disclosure of the legal effects of election to utilize

arbitration. Such notice must be given to persons for whom

household goods are to be transported by the carrier before such

goods are tendered to the carrier for transportation.

(3) Provision of forms. - Upon request of a shipper, the

carrier must promptly provide such forms and other information as

are necessary for initiating an action to resolve a dispute under

arbitration.

(4) Independence of arbitrator. - Each person authorized to

arbitrate or otherwise settle disputes must be independent of the

parties to the dispute and must be capable, as determined under

such regulations as the Secretary may issue, to resolve such

disputes fairly and expeditiously. The carrier must ensure that

each person chosen to settle the disputes is authorized and able

to obtain from the shipper or carrier any material and relevant

information to the extent necessary to carry out a fair and

expeditious decisionmaking process.

(5) Apportionment of costs. - No shipper may be charged more

than half of the cost for instituting an arbitration proceeding

that is brought under this section. In the decision, the

arbitrator may determine which party shall pay the cost or a

portion of the cost of the arbitration proceeding, including the

cost of instituting the proceeding.

(6) Requests. - The carrier must not require the shipper to

agree to utilize arbitration prior to the time that a dispute

arises. If the dispute involves a claim for $5,000 or less and

the shipper requests arbitration, such arbitration shall be

binding on the parties. If the dispute involves a claim for more

than $5,000 and the shipper requests arbitration, such

arbitration shall be binding on the parties only if the carrier

agrees to arbitration.

(7) Oral presentation of evidence. - The arbitrator may provide

for an oral presentation of a dispute concerning transportation

of household goods by a party to the dispute (or a party's

representative), but such oral presentation may be made only if

all parties to the dispute expressly agree to such presentation

and the date, time, and location of such presentation.

(8) Deadline for decision. - The arbitrator must, as

expeditiously as possible but at least within 60 days of receipt

of written notification of the dispute, render a decision based

on the information gathered; except that, in any case in which a

party to the dispute fails to provide in a timely manner any

information concerning such dispute which the person settling the

dispute may reasonably require to resolve the dispute, the

arbitrator may extend such 60-day period for a reasonable period

of time. A decision resolving a dispute may include any remedies

appropriate under the circumstances, including repair,

replacement, refund, reimbursement for expenses, and compensation

for damages.

(c) Limitation on Use of Materials. - Materials and information

obtained in the course of a decision making process to settle a

dispute by arbitration under this section may not be used to bring

an action under section 14905.

(d) Attorney's Fees to Shippers. - In any court action to resolve

a dispute between a shipper of household goods and a carrier

providing transportation or service subject to jurisdiction under

subchapter I or III of chapter 135 concerning the transportation of

household goods by such carrier, the shipper shall be awarded

reasonable attorney's fees if -

(1) the shipper submits a claim to the carrier within 120 days

after the date the shipment is delivered or the date the delivery

is scheduled, whichever is later;

(2) the shipper prevails in such court action; and

(3)(A) a decision resolving the dispute was not rendered

through arbitration under this section within the period provided

under subsection (b)(8) of this section or an extension of such

period under such subsection; or

(B) the court proceeding is to enforce a decision rendered

through arbitration under this section and is instituted after

the period for performance under such decision has elapsed.

(e) Attorney's Fees to Carriers. - In any court action to resolve

a dispute between a shipper of household goods and a carrier

providing transportation, or service subject to jurisdiction under

subchapter I or III of chapter 135 concerning the transportation of

household goods by such carrier, such carrier may be awarded

reasonable attorney's fees by the court only if the shipper brought

such action in bad faith -

(1) after resolution of such dispute through arbitration under

this section; or

(2) after institution of an arbitration proceeding by the

shipper to resolve such dispute under this section but before -

(A) the period provided under subsection (b)(8) for

resolution of such dispute (including, if applicable, an

extension of such period under such subsection) ends; and

(B) a decision resolving such dispute is rendered.

(f) Limitation of Applicability to Collect-on-Delivery

Transportation. - The provisions of this section shall apply only

in the case of collect-on-delivery transportation of household

goods.

(g) Review by Secretary. - Not later than 18 months after January

1, 1996, the Secretary shall complete a review of the dispute

settlement program established under this section. If, after notice

and opportunity for comment, the Secretary determines that changes

are necessary to such program to ensure the fair and equitable

resolution of disputes under this section, the Secretary shall

implement such changes and transmit a report to Congress on such

changes.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

910; amended Pub. L. 104-287, Sec. 5(38), Oct. 11, 1996, 110 Stat.

3392; Pub. L. 106-159, title II, Sec. 209(b), Dec. 9, 1999, 113

Stat. 1764.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11711 of this title prior to the general amendment of this

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

AMENDMENTS

1999 - Subsec. (b)(6). Pub. L. 106-159 substituted "$5000" for

"$1000" in two places.

1996 - Subsec. (g). Pub. L. 104-287 substituted "January 1, 1996"

for "the effective date of this section".

-End-

-CITE-

49 USC Sec. 14709 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

-HEAD-

Sec. 14709. Tariff reconciliation rules for motor carriers of

property

-STATUTE-

Subject to review and approval by the Board, motor carriers

subject to jurisdiction under subchapter I of chapter 135 (other

than motor carriers providing transportation of household goods)

and shippers may resolve, by mutual consent, overcharge and

under-charge claims resulting from incorrect tariff provisions or

billing errors arising from the inadvertent failure to properly and

timely file and maintain agreed upon rates, rules, or

classifications in compliance with section 13702 or, with respect

to transportation provided before January 1, 1996, sections 10761

and 10762, as in effect on December 31, 1995. Resolution of such

claims among the parties shall not subject any party to the

penalties for departing from a tariff.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

912; amended Pub. L. 104-287, Sec. 5(39), Oct. 11, 1996, 110 Stat.

3392.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287

This amends 49:14709 by setting out the effective date of

49:14709 and for clarity and consistency.

-REFTEXT-

REFERENCES IN TEXT

Sections 10761 and 10762, referred to in text, were omitted in

the general amendment of this subtitle by Pub. L. 104-88, title I,

Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11712 of this title prior to the general amendment of this

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

AMENDMENTS

1996 - Pub. L. 104-287 substituted "January 1, 1996" for "the

effective date of this section" and "December 31, 1995" for "the

day before the effective date of this section".

-End-