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49 U.S.C. § 11705 — Limitation on actions by and against rail carriers

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

49 U.S.C. § 11705 — Limitation on actions by and against rail carriers

**(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

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Source location: Title 49, Chapter 117, § 11705; chapter-117-enforcement-investigations-rights-and-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

31 U.S.C. § 3726 — Payment for transportation

**(a)** (1) Each agency that receives a bill from a carrier or freight forwarder for transporting an individual or property for the United States Government shall verify its correctness (to include transportation rates, freight classifications, or proper combinations thereof), using prepayment audit, prior to payment in accordance with the requirements of this section and regulations prescribed by the Administrator of General Services. (2) The Administrator of General Services may exempt bills, a particular mode or modes of transportation, or an agency or subagency from a prepayment audit and verification and in lieu thereof require a postpayment audit, based on cost effectiveness, public interest, or other factors the Administrator considers appropriate. (3) Expenses for prepayment audits shall be funded by the agency’s appropriations used for the transportation services. (4) The audit authority provided to agencies by this section is subject to oversight by the Administrator. **(b)** The Administrator may conduct pre- or post-payment audits of transportation bills of any Federal agency. The number and types of bills audited shall be based on the Administrator’s judgment. **(c)** (1) The Administrator shall adjudicate transportation claims which cannot be resolved by the agency procuring the transportation services, or the carrier or freight-forwarder presenting the bill. (2) A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates: (A) The date of accrual of the claim. (B) The date payment for the transportation is made. (C) The date a refund for an overpayment for the transportation is made. (D) The date a deduction under subsection

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

49 U.S.C. § 11706 — Liability of rail carriers under receipts and bills of lading

**(a)** A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That rail carrier and any other carrier that delivers the property and is providing transportation or service subject to the jurisdiction of the Board 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— (1) the receiving rail carrier; (2) the delivering rail carrier; or (3) another rail 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 rail carrier. A delivering rail carrier is deemed to be the rail carrier performing the line-haul transportation nearest the destination but does not include a rail carrier providing only a switching service at the destination. **(b)** The rail carrier issuing the receipt or bill of lading under subsection (a) of this section or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the rail 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)** (1) A rail carrier may not limit or be exempt from liability imposed under subsection (a) of this section except as prov

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

49 U.S.C. § 11704 — Rights and remedies of persons injured by rail carriers

**(a)** A person injured because a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action in a United States District Court to enforce that order under this subsection. **(b)** A rail carrier providing transportation subject to the jurisdiction of the Board under 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. A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable to a person for amounts charged that exceed the applicable rate for the transportation. **(c)** (1) A person may file a complaint with the Board under [section 11701(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11701/b&num=0&edition=prelim) or bring a civil action under subsection (b) of this section to enforce liability against a rail carrier providing transportation subject to the jurisdiction of the Board under this part. (2) When the Board makes an award under subsection (b) of this section, the Board shall order the rail carrier to pay the amount awarded by a specific date. The Board may order a rail carrier providing transportation subject to the jurisdiction of the Board under 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 rail carrier does not pay the amount awarded by the date payment was ordered to be made. **(d)** (1) When a person begins a civil action under subsection (b) of th

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

49 U.S.C. § 14704 — Rights and remedies of persons injured by carriers or brokers

**(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

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

49 U.S.C. § 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

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

49 U.S.C. § 11705 — Limitation on actions by and against rail

Page 458 TITLE 49—TRANSPORTATION § 11705 dence 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— (A) in which the plaintiff resides; (B) in which the principal operating office of the rail carrier is located; or (C) through which the railroad line of that carrier runs. In a civil action under this paragraph, the plain- tiff is liable for only those costs that accrue on an appeal taken by the plaintiff. (2) All parties in whose favor the award was made may be joined as plaintiffs in a civil ac- tion brought in a district court of the United States under this subsection and all the rail car- riers that are parties to the order awarding dam- ages 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 oper- ating office when that defendant is not in the district in which the action is brought. A judg- ment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff. (3) The district court shall award a reasonable attorney’s fee as a part of the damages for which a rail carrier is found liable under this sub- section. 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, § 102(a), Dec. 29, 1995, 109 Stat. 846.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11704, Pub. L. 95–473, Oct.

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