
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: 49USC14706]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
       CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
 
Sec. 14706. Liability of carriers under receipts and bills of 
        lading
        
    (a) General Liability.--
        (1) Motor carriers and freight forwarders.--A carrier providing 
    transportation or service subject to jurisdiction under subchapter I 
    or III of chapter 135 shall issue a receipt or bill of lading for 
    property it receives for transportation under this part. That 
    carrier and any other carrier that delivers the property and is 
    providing transportation or service subject to jurisdiction under 
    subchapter I or III of chapter 135 or chapter 105 are liable to the 
    person entitled to recover under the receipt or bill of lading. The 
    liability imposed under this paragraph is for the actual loss or 
    injury to the property caused by (A) the receiving carrier, (B) the 
    delivering carrier, or (C) another carrier over whose line or route 
    the property is transported in the United States or from a place in 
    the United States to a place in an adjacent foreign country when 
    transported under a through bill of lading and, except in the case 
    of a freight forwarder, applies to property reconsigned or diverted 
    under a tariff under section 13702. Failure to issue a receipt or 
    bill of lading does not affect the liability of a carrier. A 
    delivering carrier is deemed to be the carrier performing the line-
    haul transportation nearest the destination but does not include a 
    carrier providing only a switching service at the destination.
        (2) Freight forwarder.--A freight forwarder is both the 
    receiving and delivering carrier. When a freight forwarder provides 
    service and uses a motor carrier providing transportation subject to 
    jurisdiction under subchapter I of chapter 135 to receive property 
    from a consignor, the motor carrier may execute the bill of lading 
    or shipping receipt for the freight forwarder with its consent. With 
    the consent of the freight forwarder, a motor carrier may deliver 
    property for a freight forwarder on the freight forwarder's bill of 
    lading, freight bill, or shipping receipt to the consignee named in 
    it, and receipt for the property may be made on the freight 
    forwarder's delivery receipt.

    (b) Apportionment.--The carrier issuing the receipt or bill of 
lading under subsection (a) of this section or delivering the property 
for which the receipt or bill of lading was issued is entitled to 
recover from the carrier over whose line or route the loss or injury 
occurred the amount required to be paid to the owners of the property, 
as evidenced by a receipt, judgment, or transcript, and the amount of 
its expenses reasonably incurred in defending a civil action brought by 
that person.
    (c) Special Rules.--
        (1) Motor carriers.--
            (A) Shipper waiver.--Subject to the provisions of 
        subparagraph (B), a carrier providing transportation or service 
        subject to jurisdiction under subchapter I or III of chapter 135 
        may, subject to the provisions of this chapter (including with 
        respect to a motor carrier, the requirements of section 
        13710(a)), establish rates for the transportation of property 
        (other than household goods described in section 13102(10)(A)) 
        under which the liability of the carrier for such property is 
        limited to a value established by written or electronic 
        declaration of the shipper or by written agreement between the 
        carrier and shipper if that value would be reasonable under the 
        circumstances surrounding the transportation.
            (B) Carrier notification.--If the motor carrier is not 
        required to file its tariff with the Board, it shall provide 
        under section 13710(a)(1) 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 a shipment, or agreed to between the shipper and 
        the carrier, is based. The copy provided by the carrier shall 
        clearly state the dates of applicability of the rate, 
        classification, rules, or practices.
            (C) Prohibition against collective establishment.--No 
        discussion, consideration, or approval as to rules to limit 
        liability under this subsection may be undertaken by carriers 
        acting under an agreement approved pursuant to section 13703.

        (2) Water carriers.--If loss or injury to property occurs while 
    it is in the custody of a water carrier, the liability of that 
    carrier is determined by its bill of lading and the law applicable 
    to water transportation. The liability of the initial or delivering 
    carrier is the same as the liability of the water carrier.

    (d) Civil Actions.--
        (1) Against delivering carrier.--A civil action under this 
    section may be brought against a delivering carrier in a district 
    court of the United States or in a State court. Trial, if the action 
    is brought in a district court of the United States is in a judicial 
    district, and if in a State court, is in a State through which the 
    defendant carrier operates.
        (2) Against carrier responsible for loss.--A civil action under 
    this section may be brought against the carrier alleged to have 
    caused the loss or damage, in the judicial district in which such 
    loss or damage is alleged to have occurred.
        (3) Jurisdiction of courts.--A civil action under this section 
    may be brought in a United States district court or in a State 
    court.
        (4) Judicial district defined.--In this section, ``judicial 
    district'' means--
            (A) in the case of a United States district court, a 
        judicial district of the United States; and
            (B) in the case of a State court, the applicable geographic 
        area over which such court exercises jurisdiction.

    (e) Minimum Period for Filing Claims.--
        (1) In general.--A carrier may not provide by rule, contract, or 
    otherwise, a period of less than 9 months for filing a claim against 
    it under this section and a period of less than 2 years for bringing 
    a civil action against it under this section. The period for 
    bringing a civil action is computed from the date the carrier gives 
    a person written notice that the carrier has disallowed any part of 
    the claim specified in the notice.
        (2) Special rules.--For the purposes of this subsection--
            (A) an offer of compromise shall not constitute a 
        disallowance of any part of the claim unless the carrier, in 
        writing, informs the claimant that such part of the claim is 
        disallowed and provides reasons for such disallowance; and
            (B) communications received from a carrier's insurer shall 
        not constitute a disallowance of any part of the claim unless 
        the insurer, in writing, informs the claimant that such part of 
        the claim is disallowed, provides reason for such disallowance, 
        and informs the claimant that the insurer is acting on behalf of 
        the carrier.

    (f) Limiting Liability of Household Goods Carriers to Declared 
Value.--A carrier or group of carriers subject to jurisdiction under 
subchapter I or III of chapter 135 may petition the Board to modify, 
eliminate, or establish rates for the transportation of household goods 
under which the liability of the carrier for that property is limited to 
a value established by written declaration of the shipper or by a 
written agreement.
    (g) Modifications and Reforms.--
        (1) Study.--The Secretary shall conduct a study to determine 
    whether any modifications or reforms should be made to the loss and 
    damage provisions of this section, including those related to 
    limitation of liability by carriers.
        (2) Factors to consider.--In conducting the study, the 
    Secretary, at a minimum, shall consider--
            (A) the efficient delivery of transportation services;
            (B) international and intermodal harmony;
            (C) the public interest; and
            (D) the interest of carriers and shippers.

        (3) Report.--Not later than 12 months after January 1, 1996, the 
    Secretary shall submit to Congress a report on the results of the 
    study, together with any recommendations of the Secretary (including 
    legislative recommendations) for implementing modifications or 
    reforms identified by the Secretary as being appropriate.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 907; 
amended Pub. L. 104-287, Sec. 5(38), Oct. 11, 1996, 110 Stat. 3392.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 10730 and 11707 of this title prior to the general amendment of 
this subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1996--Subsec. (g)(3). Pub. L. 104-287 substituted ``January 1, 
1996'' for ``the effective date of this section''.

                  Section Referred to in Other Sections

    This section is referred to in title 28 sections 1337, 1445.
