
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11706]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
     CHAPTER 117--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
 
Sec. 11706. Liability of rail carriers under receipts and bills 
        of lading
        
    (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.

(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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 10502, 24301 of this title; 
title 28 sections 1337, 1445.
