
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: 49USC14705]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
       CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
 
Sec. 14705. Limitation on actions by and against carriers

    (a) In General.--A carrier providing transportation or service 
subject to jurisdiction under chapter 135 must begin a civil action to 
recover charges for transportation or service provided by the carrier 
within 18 months after the claim accrues.
    (b) Overcharges.--A person must begin a civil action to recover 
overcharges within 18 months after the claim accrues. If the claim is 
against a carrier providing transportation subject to jurisdiction under 
chapter 135 and an election to file a complaint with the Board or 
Secretary, as applicable, is made under section 14704(c)(1), the 
complaint must be filed within 3 years after the claim accrues.
    (c) Damages.--A person must file a complaint with the Board or 
Secretary, as applicable, to recover damages under section 14704(b) 
within 2 years after the claim accrues.
    (d) Extensions.--The limitation periods under subsection (b) of this 
section are extended for 6 months from the time written notice is given 
to the claimant by the carrier of disallowance of any part of the claim 
specified in the notice if a written claim is given to the carrier 
within those limitation periods. The limitation periods under 
subsections (b) and (c) of this section are extended for 90 days from 
the time the carrier begins a civil action under subsection (a) to 
recover charges related to the same transportation or service, or 
collects (without beginning a civil action under that subsection) the 
charge for that transportation or service if that action is begun or 
collection is made within the appropriate period.
    (e) Payment.--A person must begin a civil action to enforce an order 
of the Board or Secretary against a carrier within 1 year after the date 
of the order.
    (f) Government Transportation.--This section applies to 
transportation for the United States Government. The time limitations 
under this section are extended, as related to transportation for or on 
behalf of the United States Government, for 3 years from the later of 
the date of--
        (1) payment of the rate for the transportation or service 
    involved;
        (2) subsequent refund for overpayment of that rate; or
        (3) deduction made under section 3726 of title 31.

    (g) Accrual Date.--A claim related to a shipment of property accrues 
under this section on delivery or tender of delivery by the carrier.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 907.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11706 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
