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49 U.S.C. § 10743 — Liability for payment of rates
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the
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Source file: Laws/federal/codes/united-states-code/title-49/section-10743-liability-for-payment-of-rates--10a2621089.md
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Source location: Title 49, Chapter 107, § 10743; chapter-107-rates.md
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**(a)**
(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
**(b)** Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul rail carrier that is to make ultimate delivery—
(1) to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and
(2) that delivery is to be made to that party on payment of all applicable transportation rates;
that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under paragraph (2) of this subsection on delivery. However, if the party gives written notice to the delivering rail carrier before delivery that the party is not the beneficial owner of the property and gives the rail carrier the name and address of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering rail carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regardless of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of property.
**(c)**
(1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That rail carrier must bring the action during the period provided in [section 11705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11705/a&num=0&edition=prelim) or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section.
(2) A rail carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in [section 11705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11705/a&num=0&edition=prelim) or by the end of the 6th month after final judgment against it in an action against the shipper, consignor, or other party under that section.
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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 rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10744
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of Possession Upon Payment.—** Except as provided in subsection (b), a carrier providing transportation or service subject to jurisdiction under this part shall give up possession at the destination of the property transported by it only when payment for the transportation or service is made.
**(b) Exceptions.—**
(1) **Regulations.—** — Under regulations of the Secretary governing the payment for transportation and service and preventing discrimination, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Secretary may provide for weekly or monthly payment for transportation provided by motor carriers and for periodic payment for transportation provided by water carriers.
(2) **Extensions of credit to governmental entities.—** — Such a carrier (including a motor carrier being used by a household goods freight forwarder) may extend credit for transporting property for the United States Government, a State, a territory or possession of the United States, or a political subdivision of any of them.
(3) **Shipments of household goods.—**
(A) *In general.—* — A carrier providing transportation of a shipment of household goods shall give up possession of the household goods being transported at the destination upon payment of—
(i) 100 percent of the charges contained in a binding estimate provided by the carrier;
(ii) not more than 110 percent of the charges contained in a nonbinding estimate provided by the carrier; or
(iii) in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with subparagraph (B).
(B) *Calculation of prorated charges.—* — For purposes of subparagraph (A)
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13707
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Federal law — U.S. Code and appendices · legal_authorities
Page 431
TITLE 49—TRANSPORTATION
§ 10743
stitute a violation of this section if such dif-
ferences result from different services provided
by rail carriers.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 819.)
Editorial Notes
PRIOR PROVISIONS
A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1390; Pub. L. 96–296, § 33(d), July 1, 1980, 94 Stat.
825; Pub. L. 96–448, title II, § 212, Oct. 14, 1980, 94 Stat.
1912; Pub. L. 99–521, § 7(h), Oct. 22, 1986, 100 Stat. 2995, re-
lated to prohibitions against discrimination by com-
mon carriers, prior to the general amendment of this
subtitle by Pub. L. 104–88, § 102(a). See sections 10741
and 15505 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
§ 10742. Facilities for interchange of traffic
A rail carrier providing transportation subject
to the jurisdiction of the Board under this part
shall provide reasonable, proper, and equal fa-
cilities that are within its power to provide for
the interchange of traffic between, and for the
receiving, forwarding, and delivering of pas-
sengers and property to and from, its respective
line and a connecting line of another rail carrier
or of a water carrier providing transportation
subject to chapter 137.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 819.)
Editorial Notes
PRIOR PROVISIONS
A prior section 10742, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1391, related to facilities for interchange of traf-
fic, prior to the general amendment of this subtitle by
Pub. L. 104–88, § 102(a). See sections 10742 and 15506 of
this title
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10743
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