
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: 49USC11707]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
     CHAPTER 117--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
 
Sec. 11707. Liability when property is delivered in violation of 
        routing instructions
        
    (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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
849.)


                            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.
