
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: 49USC13710]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 137--RATES AND THROUGH ROUTES
 
Sec. 13710. Additional billing and collecting practices

    (a) Miscellaneous Provisions.--
        (1) Information relating to basis of rate.--A motor carrier of 
    property (other than a motor carrier providing transportation in 
    noncontiguous domestic trade) shall provide 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 its shipment or agreed to between the shipper and carrier is 
    based.
        (2) Reasonableness of rates; collecting additional charges.--
    When the applicability or reasonableness of the rates and related 
    provisions billed by a motor carrier is challenged by the person 
    paying the freight charges, the Board shall determine whether such 
    rates and provisions are reasonable under section 13701 or 
    applicable based on the record before it.
        (3) Billing disputes.--
            (A) Initiated by motor carriers.--In those cases where a 
        motor carrier (other than a motor carrier providing 
        transportation of household goods or in noncontiguous domestic 
        trade) seeks to collect charges in addition to those billed and 
        collected which are contested by the payor, the carrier may 
        request that the Board determine whether any additional charges 
        over those billed and collected must be paid. A carrier must 
        issue any bill for charges in addition to those originally 
        billed within 180 days of the receipt of the original bill in 
        order to have the right to collect such charges.
            (B) Initiated by shippers.--If a shipper seeks to contest 
        the charges originally billed or additional charges subsequently 
        billed, the shipper may request that the Board determine whether 
        the charges billed must be paid. A shipper must contest the 
        original bill or subsequent bill within 180 days of receipt of 
        the bill in order to have the right to contest such charges.

        (4) Voiding of certain tariffs.--Any tariff on file with the 
    Interstate Commerce Commission on August 26, 1994, and not required 
    to be filed after that date is null and void beginning on that date. 
    Any tariff on file with the Interstate Commerce Commission on 
    January 1, 1996, and not required to be filed after that date is 
    null and void beginning on that date.

    (b) Resolution of Disputes Over Status of Common Carrier or Contract 
Carrier.--If a motor carrier (other than a motor carrier providing 
transportation of household goods) that was subject to jurisdiction 
under subchapter II of chapter 105, as in effect on December 31, 1995, 
and that had authority to provide transportation as both a motor common 
carrier and a motor contract carrier and a dispute arises as to whether 
certain transportation that was provided prior to January 1, 1996, was 
provided in its common carrier or contract carrier capacity and the 
parties are not able to resolve the dispute consensually, the Board 
shall resolve the dispute.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 876; 
amended Pub. L. 104-287, Sec. 5(30), Oct. 11, 1996, 110 Stat. 3391.)


                      Historical and Revision Notes

                     Pub. L. 104-287, Sec. 5(30)(A)

    This sets out the effective date of 49:13710.


                     Pub. L. 104-287, Sec. 5(30)(B)

    This amends 49:13710(b) by setting out the effective date for 
49:13710 and for clarity and consistency.

                       References in Text

    Subchapter II of chapter 105, referred to in subsec. (b), 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.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 10762 and 11101 of this title prior to the general amendment of 
this subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-287, Sec. 5(30)(A), substituted 
``January 1, 1996,'' for ``the effective date of this section''.
    Subsec. (b). Pub. L. 104-287, Sec. 5(30)(B), substituted ``December 
31, 1995'' for ``the day before the effective date of this section'' and 
``January 1, 1996,'' for ``the effective date of this section''.

               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 14706 of this title.
