
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: 49USC14704]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
       CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
 
Sec. 14704. Rights and remedies of persons injured by carriers 
        or brokers
        
    (a) In General.--
        (1) Enforcement of order.--A person injured because a carrier or 
    broker providing transportation or service subject to jurisdiction 
    under chapter 135 does not obey an order of the Secretary or the 
    Board, as applicable, under this part, except an order for the 
    payment of money, may bring a civil action to enforce that order 
    under this subsection. A person may bring a civil action for 
    injunctive relief for violations of sections 14102 and 14103.
        (2) Damages for violations.--A carrier or broker providing 
    transportation or service subject to jurisdiction under chapter 135 
    is liable for damages sustained by a person as a result of an act or 
    omission of that carrier or broker in violation of this part.

    (b) Liability and Damages for Exceeding Tariff Rate.--A carrier 
providing transportation or service subject to jurisdiction under 
chapter 135 is liable to a person for amounts charged that exceed the 
applicable rate for transportation or service contained in a tariff in 
effect under section 13702.
    (c) Election.--
        (1) Complaint to dot or board; civil action.--A person may file 
    a complaint with the Board or the Secretary, as applicable, under 
    section 14701(b) or bring a civil action under subsection (b) to 
    enforce liability against a carrier or broker providing 
    transportation or service subject to jurisdiction under chapter 135.
        (2) Order of dot or board.--
            (A) In general.--When the Board or Secretary, as applicable, 
        makes an award under subsection (b) of this section, the Board 
        or Secretary, as applicable, shall order the carrier to pay the 
        amount awarded by a specific date. The Board or Secretary, as 
        applicable, may order a carrier or broker providing 
        transportation or service subject to jurisdiction under chapter 
        135 to pay damages only when the proceeding is on complaint.
            (B) Enforcement by civil action.--The person for whose 
        benefit an order of the Board or Secretary requiring the payment 
        of money is made may bring a civil action to enforce that order 
        under this paragraph if the carrier or broker does not pay the 
        amount awarded by the date payment was ordered to be made.

    (d) Procedure.--
        (1) In general.--When a person begins a civil action under 
    subsection (b) of this section to enforce an order of the Board or 
    Secretary requiring the payment of damages by a carrier or broker 
    providing transportation or service subject to jurisdiction under 
    chapter 135 of this title, the text of the order of the Board or 
    Secretary must be included in the complaint. In addition to the 
    district courts of the United States, a State court of general 
    jurisdiction having jurisdiction of the parties has jurisdiction to 
    enforce an order under this paragraph. The findings and order of the 
    Board or Secretary are competent evidence of the facts stated in 
    them. Trial in a civil action brought in a district court of the 
    United States under this paragraph is in the judicial district in 
    which the plaintiff resides or in which the principal operating 
    office of the carrier or broker is located. In a civil action under 
    this paragraph, the plaintiff is liable for only those costs that 
    accrue on an appeal taken by the plaintiff.
        (2) Parties.--All parties in whose favor the award was made may 
    be joined as plaintiffs in a civil action brought in a district 
    court of the United States under this subsection and all the 
    carriers that are parties to the order awarding damages may be 
    joined as defendants. Trial in the action is in the judicial 
    district in which any one of the plaintiffs could bring the action 
    against any one of the defendants. Process may be served on a 
    defendant at its principal operating office when that defendant is 
    not in the district in which the action is brought. A judgment 
    ordering recovery may be made in favor of any of those plaintiffs 
    against the defendant found to be liable to that plaintiff.

    (e) Attorney's Fees.--The district court shall award a reasonable 
attorney's fee under this section. The district court shall tax and 
collect that fee as part of the costs of the action.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 905.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11705 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).

                  Section Referred to in Other Sections

    This section is referred to in section 14705 of this title.
