Browse Arkansas Code titles and sections
49 U.S.C. § 14704 — Rights and remedies of persons injured by carriers or brokers
Federal law — U.S. Code and appendices · legal_authorities
**(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, 14103, and 14915(c).
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14704
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: cea521a18eff90086797ef41abc2710436757406764d6617305300e90e8f3568. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_5b1e4dc0a7c8652f09a0f5bb
Source file: Laws/federal/codes/united-states-code/title-49/section-14704-rights-and-remedies-of-persons-injured-by-carriers-or-brokers--958970b6bb.md
Pages: Not recorded – Not recorded
Passage SHA-256: 67ccd99bd1a56f046cd9299273d85f363dd8eec541a649d3583511cf227d65fe
Source location: Title 49, Chapter 147, § 14704; chapter-147-enforcement-investigations-rights-remedies.md
Stored source content
**(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, 14103, and 14915(c).
(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.
**(b)** A person must begin a civil action to recover overcharges under [section 11704(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11704/b&num=0&edition=prelim) within 3 years after the claim accrues, whether or not a complaint is filed under section 11704(c)(1).
**(c)** A person must file a complaint with the Board to recover damages under [section 11704(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11704/b&num=0&edition=prelim) within 2 years after the claim accrues.
**(d)** The limitation period under subsection (b) of this section is extended for 6 months from the time written notice is given to the claimant by the rail carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the rail carrier within that limitation period. The limitation periods under subsections (b) and (c) of this section are extended for 90 days from the time the rail carrier begins a civil action under subsection (a) of this section 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)** A person must begin a civil action to enforce an order of the Board against a rail carrier for the payment of money within one year after the date the order required the money to be paid.
**(f)** This section
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11705
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 524
TITLE 49—TRANSPORTATION
§ 14702
known, related to the complaint to a motor carrier
named in such complaint and to an appropriate State
authority (as defined in section 14710(d) of title 49,
United States Code) in the State in which the com-
plainant resides.
‘‘(b) USE OF INFORMATION.—The Secretary shall con-
sider information in the data base established under
subsection (a) in its household goods compliance and
enforcement program.’’
[For definitions of ‘‘carrier’’, ‘‘household goods’’,
‘‘motor carrier’’, and ‘‘Secretary’’ as used in section
4214 of Pub. L. 109–59, set out above, see section 4202(a)
of Pub. L. 109–59, set out as a note under section 13102
of this title.]
§ 14702. Enforcement by the regulatory authority
(a) IN GENERAL.—The Secretary or the Board,
as applicable, may bring a civil action—
(1) to enforce section 14103 of this title; or
(2) to enforce this part, or a regulation or
order of the Secretary or Board, as applicable,
when violated by a carrier or broker providing
transportation or service subject to jurisdic-
tion under subchapter I or III of chapter 135 of
this title or by a foreign motor carrier or for-
eign motor private carrier providing transpor-
tation registered under section 13902 of this
title.
(b) VENUE.—In a civil action under subsection
(a)(2) of this section—
(1) trial is in the judicial district in which
the carrier, foreign motor carrier, foreign
motor private carrier, or broker operates;
(2) process may be served without regard to
the territorial limits of the district or of the
State in which the action is instituted; and
(3) a person participating with a carrier or
broker in a violation may be joined in the civil
action without regard to the residence of the
person.
(c) STANDING.—The Board,
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 14704
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.