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49 U.S.C. § 11707 — Liability when property is delivered in violation of routing instructions
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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Source file: Laws/federal/codes/united-states-code/title-49/section-11707-liability-when-property-is-delivered-in-violation-of-routing-instruction--b5dc2b5e98.md
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Source location: Title 49, Chapter 117, § 11707; chapter-117-enforcement-investigations-rights-and-remedies.md
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**(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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14707
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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) Offering Shippers Arbitration.—** As a condition of registration under section 13902 or 13903, a carrier providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 must agree to offer in accordance with this section to shippers of household goods arbitration as a means of settling disputes between such carriers and shippers of household goods concerning damage or loss to the household goods transported and to determine whether carrier charges, in addition to those collected at delivery, must be paid by shippers for transportation and services related to transportation of household goods.
**(b) Arbitration Requirements.—**
(1) **Prevention of special advantage.—** — The arbitration that is offered must be designed to prevent a carrier from having any special advantage in any case in which the claimant resides or does business at a place distant from the carrier’s principal or other place of business.
(2) **Notice of arbitration procedure.—** — The carrier must provide the shipper an adequate notice of the availability of neutral arbitration, including a concise easy-to-read, accurate summary of the arbitration procedure, any applicable costs, and disclosure of the legal effects of election to utilize arbitration. Such notice must be given to persons for whom household goods are to be transported by the carrier before such goods are tendered to the carrier for transportation.
(3) **Provision of forms.—** — Upon request of a shipper, the carrier must promptly provide such forms and other information as are necessary for initiating an action to resolve a dispute under arbitration.
(4) **Independence of arbitrator.—** — Each person authorized to arbitrate or otherwise settle disputes must be independent of the part
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14708
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Federal law — U.S. Code and appendices · legal_authorities
Subject to review and approval by the Board, motor carriers subject to jurisdiction under subchapter I of chapter 135 (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and under-charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with section 13702 or, with respect to transportation provided before January 1, 1996, sections 10761 and 10762, as in effect on December 31, 1995. Resolution of such claims among the parties shall not subject any party to the penalties for departing from a tariff.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14709
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 11706 or 14706 of title 49, only if the matter in controversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs.
**(b)** Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
**(c)** The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under chapter 95 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1337
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1–4 and 5–10 of the Act of April 22, 1908 ([45 U.S.C. 51–54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51–54&num=0&edition=prelim), 55–60), may not be removed to any district court of the United States.
**(b)** A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs.
**(c)** A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.
**(d)** A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1445
Stored review status: release_metadata_unconfirmed. Incoming connection: 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 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11706
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 459
TITLE 49—TRANSPORTATION
§ 11707
(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 coun-
try 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 deliv-
ering rail carrier is deemed to be the rail carrier
performing the line-haul transportation nearest
the destination but does not include a rail car-
rier 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 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)(1) A rail carrier may not limit or be ex-
empt from liability imposed under subsection (a)
of this section except as provided in this sub-
section. A limitation of liability or of the
amount of recovery or representation or agree-
ment in a receipt, bill of lading, contract, or
rule in violation of this section is void.
(2) A rail carrier of passengers may limit its li-
ability under its passenger rate for loss or injury
of baggage carried on trains carrying pas-
sengers.
(3) A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part may establish rates for transpor-
ta
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11707
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.