
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: 49USC13709]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 137--RATES AND THROUGH ROUTES
 
Sec. 13709. Procedures for resolving claims involving unfiled, 
        negotiated transportation rates
        
    (a) Transportation Provided at Rates Other Than Legal Tariff 
Rates.--
        (1) In general.--When a claim is made by a motor carrier of 
    property (other than a household goods carrier) providing 
    transportation subject to jurisdiction under subchapter II of 
    chapter 105 (as in effect on December 31, 1995) or subchapter I of 
    chapter 135, by a freight forwarder (other than a household goods 
    freight forwarder), or by a party representing such a carrier or 
    freight forwarder regarding the collection of rates or charges for 
    such transportation in addition to those originally billed and 
    collected by the carrier or freight forwarder for such 
    transportation, the person against whom the claim is made may elect 
    to satisfy the claim under the provisions of subsection (b), (c), or 
    (d), upon showing that--
            (A) the carrier or freight forwarder is no longer 
        transporting property or is transporting property for the 
        purpose of avoiding the application of this section; and
            (B) with respect to the claim--
                (i) the person was offered a transportation rate by the 
            carrier or freight forwarder other than that legally on file 
            at the time with the Board or with the Interstate Commerce 
            Commission, as required, for the transportation service;
                (ii) the person tendered freight to the carrier or 
            freight forwarder in reasonable reliance upon the offered 
            transportation rate;
                (iii) the carrier or freight forwarder did not properly 
            or timely file with the Board or with the Interstate 
            Commerce Commission, as required, a tariff providing for 
            such transportation rate or failed to enter into an 
            agreement for contract carriage;
                (iv) such transportation rate was billed and collected 
            by the carrier or freight forwarder; and
                (v) the carrier or freight forwarder demands additional 
            payment of a higher rate filed in a tariff.

        (2) Forum.--If there is a dispute as to the showing under 
    paragraph (1)(A), such dispute shall be resolved by the court in 
    which the claim is brought. If there is a dispute as to the showing 
    under paragraph (1)(B), such dispute shall be resolved by the Board. 
    Pending the resolution of any such dispute, the person shall not 
    have to pay any additional compensation to the carrier or freight 
    forwarder.
        (3) Effect of satisfaction of claims.--Satisfaction of the claim 
    under subsection (b), (c), or (d) shall be binding on the parties, 
    and the parties shall not be subject to chapter 119 of this title, 
    as such chapter was in effect on December 31, 1995, or chapter 149.

    (b) Claims Involving Shipments Weighing 10,000 Pounds or Less.--A 
person from whom the additional legally applicable and effective tariff 
rate or charges are sought may elect to satisfy the claim if the 
shipments each weighed 10,000 pounds or less, by payment of 20 percent 
of the difference between the carrier's applicable and effective tariff 
rate and the rate originally billed and paid. In the event that a 
dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Board.
    (c) Claims Involving Shipments Weighing More Than 10,000 Pounds.--A 
person from whom the additional legally applicable and effective tariff 
rate or charges are sought may elect to satisfy the claim if the 
shipments each weighed more than 10,000 pounds, by payment of 15 percent 
of the difference between the carrier's applicable and effective tariff 
rate and the rate originally billed and paid. In the event that a 
dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Board.
    (d) Claims Involving Public Warehousemen.--Notwithstanding 
subsections (b) and (c), a person from whom the additional legally 
applicable and effective tariff rate or charges are sought may elect to 
satisfy the claim by payment of 5 percent of the difference between the 
carrier's applicable and effective tariff rate and the rate originally 
billed and paid if such person is a public warehouseman. In the event 
that a dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Board.
    (e) Effects of Election.--When a person from whom additional legally 
applicable freight rates or charges are sought does not elect to use the 
provisions of subsection (b), (c) or (d), the person may pursue all 
rights and remedies existing under this part or, for transportation 
provided before January 1, 1996, all rights and remedies that existed 
under this title on December 31, 1995.
    (f) Stay of Additional Compensation.--When a person proceeds under 
this section to challenge the reasonableness of the legally applicable 
freight rate or charges being claimed by a carrier or freight forwarder 
in addition to those already billed and collected, the person shall not 
have to pay any additional compensation to the carrier or freight 
forwarder until the Board has made a determination as to the 
reasonableness of the challenged rate as applied to the freight of the 
person against whom the claim is made.
    (g) Notification of Election.--
        (1) General rule.--A person must notify the carrier or freight 
    forwarder as to its election to proceed under subsection (b), (c), 
    or (d). Except as provided in paragraphs (2), (3), and (4), such 
    election may be made at any time.
        (2) Demands for payment initially made after december 3, 1993.--
    If the carrier or freight forwarder or party representing such 
    carrier or freight forwarder initially demands the payment of 
    additional freight charges after December 3, 1993, and notifies the 
    person from whom additional freight charges are sought of the 
    provisions of subsections (a) through (f) at the time of the making 
    of such initial demand, the election must be made not later than the 
    later of--
            (A) the 60th day following the filing of an answer to a suit 
        for the collection of such additional legally applicable freight 
        rate or charges, or
            (B) March 5, 1994.

        (3) Pending suits for collection made before december 4, 1993.--
    If the carrier or freight forwarder or party representing such 
    carrier or freight forwarder has filed, before December 4, 1993, a 
    suit for the collection of additional freight charges and notifies 
    the person from whom additional freight charges are sought of the 
    provisions of subsections (a) through (f), the election must be made 
    not later than the 90th day following the date on which such 
    notification is received.
        (4) Demands for payment made before december 4, 1993.--If the 
    carrier or freight forwarder or party representing such carrier or 
    freight forwarder has demanded the payment of additional freight 
    charges, and has not filed a suit for the collection of such 
    additional freight charges, before December 4, 1993, and notifies 
    the person from whom additional freight charges are sought of the 
    provisions of subsections (a) through (f), the election must be made 
    not later than the later of--
            (A) the 60th day following the filing of an answer to a suit 
        for the collection of such additional legally applicable freight 
        rate or charges, or
            (B) March 5, 1994.

    (h) Claims Involving Small-Business Concerns, Charitable 
Organizations, and Recyclable Materials.--
        (1) In general.--Notwithstanding subsections (b), (c), and (d), 
    a person from whom the additional legally applicable and effective 
    tariff rate or charges are sought shall not be liable for the 
    difference between the carrier's applicable and effective tariff 
    rate and the rate originally billed and paid--
            (A) if such person qualifies as a small-business concern 
        under the Small Business Act (15 U.S.C. 631 et seq.),
            (B) if such person is an organization which is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code, or
            (C) if the cargo involved in the claim is recyclable 
        materials.

        (2) Recyclable materials defined.--In this subsection, the term 
    ``recyclable materials'' means waste products for recycling or reuse 
    in the furtherance of recognized pollution control programs.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 874; 
amended Pub. L. 104-287, Sec. 5(29), Oct. 11, 1996, 110 Stat. 3391.)


                      Historical and Revision Notes

                     Pub. L. 104-287, Sec. 5(29)(A)

    This amends 49:13709(a)(1) and (3) for clarity and consistency.


                     Pub. L. 104-287, Sec. 5(29)(B)

    This amends 49:13709(e) by setting out the effective date for 
49:13709 and for clarity and consistency.

                       References in Text

    Subchapter II of chapter 105, referred to in subsec. (a)(1), was 
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.
    Chapter 119, referred to in subsec. (a)(3), was omitted and a new 
chapter 119 enacted in the general amendment of this subtitle by Pub. L. 
104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, 849, 
effective Jan. 1, 1996.
    The Small Business Act, referred to in subsec. (h)(1)(A), is Pub. L. 
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified 
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see Short 
Title note set out under section 631 of Title 15 and Tables.
    Section 501 of the Internal Revenue Code of 1986, referred to in 
subsec. (h)(1)(B), is classified to section 501 of Title 26, Internal 
Revenue Code.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10701 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1996--Subsec. (a)(1), (3). Pub. L. 104-287, Sec. 5(29)(A), 
substituted ``December 31, 1995'' for ``the day before the effective 
date of this section''.
    Subsec. (e). Pub. L. 104-287, Sec. 5(29)(B), substituted ``January 
1, 1996'' for ``the effective date of this section'' and ``December 31, 
1995'' for ``the day before such effective date''.

               Abolition of Interstate Commerce Commission

    Interstate Commerce Commission abolished by section 101 of Pub. L. 
104-88, set out as a note under section 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 13711 of this title.
