
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: 49USC13711]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                  CHAPTER 137--RATES AND THROUGH ROUTES
 
Sec. 13711. Alternative procedure for resolving undercharge 
        disputes
        
    (a) General Rule.--It shall be an unreasonable practice for a motor 
carrier of property (other than a household goods carrier) providing 
transportation subject to jurisdiction under subchapter I of chapter 135 
or, before January 1, 1996, to have provided transportation that was 
subject to jurisdiction under subchapter II of chapter 105, as in effect 
on December 31, 1995, a freight forwarder (other than a household goods 
freight forwarder), or a party representing such a carrier or freight 
forwarder to attempt to charge or to charge for a transportation service 
the difference between (1) the applicable rate that was lawfully in 
effect pursuant to a tariff that was filed in accordance with this 
chapter or, with respect to transportation provided before January 1, 
1996, in accordance with chapter 107, as in effect on the date the 
transportation was provided, by the carrier or freight forwarder 
applicable to such transportation service, and (2) the negotiated rate 
for such transportation service if the carrier or freight forwarder is 
no longer transporting property between places described in section 
13501(1) or is transporting property between places described in section 
13501(1) for the purpose of avoiding application of this section.
    (b) Jurisdiction of Board.--
        (1) Determination.--The Board shall have jurisdiction to make a 
    determination of whether or not attempting to charge or the charging 
    of a rate by a motor carrier or freight forwarder or party 
    representing a motor carrier or freight forwarder is an unreasonable 
    practice under subsection (a). If the Board determines that 
    attempting to charge or the charging of the rate is an unreasonable 
    practice under subsection (a), the carrier, freight forwarder, or 
    party may not collect the difference described in subsection (a) 
    between the applicable rate and the negotiated rate for the 
    transportation service.
        (2) Factors to consider.--In making a determination under 
    paragraph (1), the Board shall consider--
            (A) whether the person was offered a transportation rate by 
        the carrier or freight forwarder or party other than that 
        legally on file with the Interstate Commerce Commission or the 
        Board, as required, at the time of the movement for the 
        transportation service;
            (B) whether the person tendered freight to the carrier or 
        freight forwarder in reasonable reliance upon the offered 
        transportation rate;
            (C) whether the carrier or freight forwarder did not 
        properly or timely file with the Interstate Commerce Commission 
        or the Board, as required, a tariff providing for such 
        transportation rate or failed to enter into an agreement for 
        contract carriage;
            (D) whether the transportation rate was billed and collected 
        by the carrier or freight forwarder; and
            (E) whether the carrier or freight forwarder or party 
        demands additional payment of a higher rate filed in a tariff.

    (c) Stay of Additional Compensation.--When a person proceeds under 
this section to challenge the reasonableness of the practice of a motor 
carrier, freight forwarder, or party described in subsection (a) to 
attempt to charge or to charge the difference described in subsection 
(a) between the applicable rate and the negotiated rate for the 
transportation service in addition to those charges already billed and 
collected for the transportation service, the person shall not have to 
pay any additional compensation to the carrier, freight forwarder, or 
party until the Board has made a determination as to the reasonableness 
of the practice as applied to the freight of the person against whom the 
claim is made.
    (d) Treatment.--Subsection (a) is an exception to the requirements 
of section 13702 and, for transportation provided before January 1, 
1996, to the requirements of sections 10761(a) and 10762, as in effect 
on December 31, 1995, as such sections relate to a filed tariff rate and 
other general tariff requirements.
    (e) Nonapplicability of Negotiated Rate Dispute Resolution 
Procedure.--If a person elects to seek enforcement of subsection (a) 
with respect to a rate for a transportation or service, section 13709 
shall not apply to such rate.
    (f) Definitions.--In this section, the term ``negotiated rate'' 
means a rate, charge, classification, or rule agreed upon by a motor 
carrier or freight forwarder and a shipper through negotiations pursuant 
to which no tariff was lawfully and timely filed and for which there is 
written evidence of such agreement.
    (g) Applicability to Pending Cases.--This section shall apply to all 
cases and proceedings pending on January 1, 1996.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 877; 
amended Pub. L. 104-287, Sec. 5(31), Oct. 11, 1996, 110 Stat. 3391.)


                      Historical and Revision Notes

                             Pub. L. 104-287

    This amends 49:13711(a), (d), and (g) by setting out the effective 
date of 49:13711 and for clarity and consistency.

                       References in Text

    Subchapter II of chapter 105, referred to in subsec. (a), 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 107, as in effect on the date transportation was provided, 
referred to in subsec. (a), means chapter 107 of this title, as in 
effect on the date transportation was provided with respect to 
transportation provided before Jan. 1, 1996. Chapter 107 (Sec. 10701 et 
seq.) was omitted and a new chapter 107 enacted in the general amendment 
of this subtitle by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 
109 Stat. 804, 809, effective Jan. 1, 1996.
    Sections 10761(a) and 10762, referred to in subsec. (d), were 
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 
section 2(e) of Pub. L. 103-180, set out as a note under former section 
10701 of this title.


                               Amendments

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