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49 U.S.C. § 14707 — Private enforcement of registration requirement

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 14707 — Private enforcement of registration requirement

**(a) In General.—** If a person provides transportation by motor vehicle or service in clear violation of section 13901–13904 or 13906, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates. **(b) Procedure.—** A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Secretary. **(c) Attorney’s Fees.—** In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.

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Source file: Laws/federal/codes/united-states-code/title-49/section-14707-private-enforcement-of-registration-requirement--74fd3e1f5c.md
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Source location: Title 49, Chapter 147, § 14707; chapter-147-enforcement-investigations-rights-remedies.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11708 — Voluntary arbitration of certain rail rates and practices disputes

**(a) In General.—** Not later than 1 year after the date of the enactment of the Surface Transportation Board Reauthorization Act of 2015, the Board shall promulgate regulations to establish a voluntary and binding arbitration process to resolve rail rate and practice complaints subject to the jurisdiction of the Board. **(b) Covered Disputes.—** The voluntary and binding arbitration process established pursuant to subsection (a)— (1) shall apply to disputes involving— (A) rates, demurrage, accessorial charges, misrouting, or mishandling of rail cars; or (B) a carrier’s published rules and practices as applied to particular rail transportation; (2) shall not apply to disputes— (A) to obtain the grant, denial, stay, or revocation of any license, authorization, or exemption; (B) to prescribe for the future any conduct, rules, or results of general, industry-wide applicability; (C) to enforce a labor protective condition; or (D) that are solely between 2 or more rail carriers; and (3) shall not prevent parties from independently seeking or utilizing private arbitration services to resolve any disputes the parties may have. **(c) Arbitration Procedures.—** (1) **In general.—** — The Board— (A) may make the voluntary and binding arbitration process established pursuant to subsection (a) available only to the relevant parties; (B) may make the voluntary and binding arbitration process available only— (i) after receiving the written consent to arbitrate from all relevant parties; and (ii) (I) after the filing of a written complaint; or (II) through other procedures adopted by the Board in a rulemaking proceeding; (C) with respect to rate disputes, may make the voluntary and binding arbitration process available only to

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11707 — Liability when property is delivered in violation of routing instructions

**(a)** (1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property. (2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board. (3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier. **(b)** The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 14707 — Private enforcement of registration re-

Page 527 TITLE 49—TRANSPORTATION § 14707 claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such dis- allowance; and (B) communications received from a car- rier’s insurer shall not constitute a disallow- ance of any part of the claim unless the in- surer, 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.— (1) IN GENERAL.—A carrier or group of car- riers 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 dec- laration of the shipper or by a written agree- ment. (2) FULL VALUE PROTECTION OBLIGATION.—Un- less the carrier receives a waiver in writing under paragraph (3), a carrier’s maximum li- ability for household goods that are lost, dam- aged, destroyed, or otherwise not delivered to the final destination is an amount equal to the replacement value of such goods, subject to a maximum amount equal to the declared value of the shipment and to rules issued by the Sur- face Transportation Board and applicable tar- iffs. (3) APPLICATION OF RATES.—The released rates established by the Board under para- graph (1) (commonly known as ‘‘released rates’’) shall not apply to the transportation of household goods by a carrier unless the li- ability of the carrier for the full value of such household goods under paragraph (2) is waived, in writing, by the

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