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49 U.S.C. § 15906 — Liability of pipeline carriers under receipts and bills of lading
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Liability.—** A pipeline carrier providing transportation or service subject to this part 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 this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the 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. Failure to issue a receipt or bill of lading does not affect the liability of a carrier.
**(b) Apportionment.—** The carrier issuing the receipt or bill of lading under subsection (a) 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) Civil Actions.—** 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 a line or route.
**(d) Minimum Period for Filing Claims.—** A pipeline carrier may not provide by rule, contract, or otherwise,
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15906
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Source file: Laws/federal/codes/united-states-code/title-49/section-15906-liability-of-pipeline-carriers-under-receipts-and-bills-of-lading--6f8a1851e2.md
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Source location: Title 49, Chapter 159, § 15906; chapter-159-enforcement-investigations-rights-and-remedies.md
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**(a) General Liability.—** A pipeline carrier providing transportation or service subject to this part 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 this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the 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. Failure to issue a receipt or bill of lading does not affect the liability of a carrier.
**(b) Apportionment.—** The carrier issuing the receipt or bill of lading under subsection (a) 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) Civil Actions.—** 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 a line or route.
**(d) Minimum Period for Filing Claims.—** A pipeline 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. For the purposes of this subsection—
(1) 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
(2) 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 reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11707
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Federal law — U.S. Code and appendices · legal_authorities
Page 545
TITLE 49—TRANSPORTATION
§ 16101
§ 15906. Liability of pipeline carriers under re-
ceipts and bills of lading
(a) GENERAL
LIABILITY.—A pipeline carrier
providing transportation or service subject to
this part 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 this part are liable to the person entitled
to recover under the receipt or bill of lading.
The liability imposed under this subsection is
for the actual loss or injury to the property
caused by the 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. Failure to issue
a receipt or bill of lading does not affect the li-
ability of a carrier.
(b) APPORTIONMENT.—The carrier issuing the
receipt or bill of lading under subsection (a) 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 evi-
denced by a receipt, judgment, or transcript,
and the amount of its expenses reasonably in-
curred in defending a civil action brought by
that person.
(c) CIVIL ACTIONS.—A civil action under this
section may be brought against a delivering car-
rier 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 judi-
cial district, and if in a State court, is in a
State, through which the defendant car
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 15906
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.