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49 U.S.C. § 15905 — Limitation on actions by and against pipeline carriers
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A pipeline carrier providing transportation or service subject to 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) Overcharges.—** A person must begin a civil action to recover overcharges under section 15904(b)(1) within 3 years after the claim accrues. If an election to file a complaint with the Board is made under section 15904(c)(1), the complaint must be filed within 3 years after the claim accrues.
**(c) Damages.—** A person must file a complaint with the Board to recover damages under section 15904(b)(2) within 2 years after the claim accrues.
**(d) Extensions.—** The limitation periods under subsection (b) are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsection (b) and the 2-year period under subsection (c) are extended for 90 days from the time the carrier begins a civil action under subsection (a) 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) Payment.—** A person must begin a civil action to enforce an order of the Board against a carrier for the payment of money within one year after the date the order required the money to be paid.
**(f) Government Transportation.—** This section applies to transportation for the United States Government. The time limitations under this section are extended, as rela
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Source file: Laws/federal/codes/united-states-code/title-49/section-15905-limitation-on-actions-by-and-against-pipeline-carriers--07c4ea2a1b.md
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Passage SHA-256: ea407f83125f91c90c8f8d8f12eee21104020b33ce7623cdb60c88cf9bef4087
Source location: Title 49, Chapter 159, § 15905; chapter-159-enforcement-investigations-rights-and-remedies.md
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**(a) In General.—** A pipeline carrier providing transportation or service subject to 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) Overcharges.—** A person must begin a civil action to recover overcharges under section 15904(b)(1) within 3 years after the claim accrues. If an election to file a complaint with the Board is made under section 15904(c)(1), the complaint must be filed within 3 years after the claim accrues.
**(c) Damages.—** A person must file a complaint with the Board to recover damages under section 15904(b)(2) within 2 years after the claim accrues.
**(d) Extensions.—** The limitation periods under subsection (b) are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsection (b) and the 2-year period under subsection (c) are extended for 90 days from the time the carrier begins a civil action under subsection (a) 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) Payment.—** A person must begin a civil action to enforce an order of the Board against a carrier for the payment of money within one year after the date the order required the money to be paid.
**(f) Government Transportation.—** This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of—
(1) payment of the rate for the transportation or service involved,
(2) subsequent refund for overpayment of that rate, or
(3) deduction made under [section 3726 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726&num=0&edition=prelim),
whichever is later.
**(g) Accrual Date.—** A claim related to a shipment of property accrues under this section on delivery or tender of delivery by 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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3726
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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
Page 544
TITLE 49—TRANSPORTATION
§ 15905
(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 or-
dered 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 dam-
ages by a pipeline carrier providing transpor-
tation subject to this part, the text of the
order of the Board must be included in the
complaint. In addition to the district courts of
the United States, a State court of general ju-
risdiction having jurisdiction of the parties
has jurisdiction to enforce an order under this
paragraph. The findings and order of the Board
are competent evidence of the facts stated in
them. Trial in a civil action brought in a dis-
trict 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 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) ATTORNEY’S
FEES.—The district court
shall award a reasonable attorney’s fee as a
part of the damages for which a carrier is
found liable under this subsection. The dis-
trict court shall tax and collect that fee as a
part of the costs of the actio
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 15905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.