
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11705]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
     CHAPTER 117--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
 
Sec. 11705. Limitation on actions by and against rail carriers

    (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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
847.)


                            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.

                  Section Referred to in Other Sections

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