
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: 49USC15904]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                        PART C--PIPELINE CARRIERS
 
     CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
 
Sec. 15904. Rights and remedies of persons injured by pipeline 
        carriers
        
    (a) Enforcement of Orders.--A person injured because a pipeline 
carrier providing transportation or service subject to this part does 
not obey an order of the Board, except an order for the payment of 
money, may bring a civil action to enforce that order under this 
subsection.
    (b) Liability of Carrier.--
        (1) Excessive charges.--A pipeline carrier providing 
    transportation subject to this part is liable to a person for 
    amounts charged that exceed the applicable rate for the 
    transportation.
        (2) Damages.--A pipeline carrier providing transportation 
    subject to this part is liable for damages sustained by a person as 
    a result of an act or omission of that carrier in violation of this 
    part.

    (c) Complaints.--
        (1) Filing.--A person may file a complaint with the Board under 
    section 15901(b) or bring a civil action under subsection (b) to 
    enforce liability against a pipeline carrier providing 
    transportation subject to this part.
        (2) Payment deadline.--When the Board makes an award under 
    subsection (b), the Board shall order the carrier to pay the amount 
    awarded by a specific date. The Board may order a carrier providing 
    transportation subject to this part to pay damages only when the 
    proceeding is on complaint. The person for whose benefit an order of 
    the Board requiring the payment of money is made may bring a civil 
    action to enforce that order under this paragraph if the carrier 
    does not pay the amount awarded by the date payment was ordered to 
    be made.

    (d) Civil Actions.--
        (1) Complaint.--When a person begins a civil action under 
    subsection (b) to enforce an order of the Board requiring the 
    payment of damages by a pipeline carrier providing transportation 
    subject to this part, the text of the order of the Board 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 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 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) Attorney's fees.--The district court shall award a 
    reasonable attorney's fee as a part of the damages for which a 
    carrier is found liable under this subsection. The district court 
    shall tax and collect that fee as a part of the costs of the action.

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109 Stat. 
927; amended Pub. L. 105-102, Sec. 2(15), Nov. 20, 1997, 111 Stat. 2205; 
Pub. L. 105-225, Sec. 7(b)(2), Aug. 12, 1998, 112 Stat. 1511.)


                      Historical and Revision Notes

                             Pub. L. 105-102

    This amends 49:15904(c)(1) to correct an erroneous cross-reference.


                            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).


                               Amendments

    1998--Subsec. (c)(1). Pub. L. 105-225 inserted ``section'' before 
``15901(b)''.
    1997--Subsec. (c)(1). Pub. L. 105-102 substituted ``15901(b)'' for 
``section 11501(b)''.

                  Section Referred to in Other Sections

    This section is referred to in section 15905 of this title.
