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49 U.S.C. § 11706 — Liability of rail carriers under receipts and bills of lading
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
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Source file: Laws/federal/codes/united-states-code/title-49/section-11706-liability-of-rail-carriers-under-receipts-and-bills-of-lading--79da9ebc80.md
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Source location: Title 49, Chapter 117, § 11706; chapter-117-enforcement-investigations-rights-and-remedies.md
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**(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 provided in this subsection. A limitation of liability or of the amount of recovery or representation or agreement 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 liability under its passenger rate for loss or injury of baggage carried on trains carrying passengers.
(3) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish rates for transportation of property under which—
(A) the liability of the rail carrier for such property is limited to a value established by written declaration of the shipper or by a written agreement between the shipper and the carrier; or
(B) specified amounts are deducted, pursuant to a written agreement between the shipper and the carrier, from any claim against the carrier with respect to the transportation of such property.
**(d)**
(1) A civil action under this section may be brought in a district court of the United States or in a State court.
(2)
(A) A civil action under this section may only be brought—
(i) against the originating rail carrier, in the judicial district in which the point of origin is located;
(ii) against the delivering rail carrier, in the judicial district in which the principal place of business of the person bringing the action is located if the delivering carrier operates a railroad or a route through such judicial district, or in the judicial district in which the point of destination is located; and
(iii) against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred.
(B) In this section, “judicial district” means (i) in the case of a United States district court, a judicial district of the United States, and (ii) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
**(e)** A rail 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
**(a)** In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part—
(1) is not necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim); and
(2) either—
(A) the transaction or service is of limited scope; or
(B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power.
**(b)** The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun.
**(c)** The Board may specify the period of time during which an exemption granted under this section is effective.
**(d)** The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10502
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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 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A carrier providing transportation or service subject to jurisdiction under chapter 135 must begin a civil action to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues.
**(b) Overcharges.—** A person must begin a civil action to recover overcharges within 18 months after the claim accrues. If the claim is against a carrier providing transportation subject to jurisdiction under chapter 135 and an election to file a complaint with the Board or Secretary, as applicable, is made under section 14704(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 or Secretary, as applicable, to recover damages under section 14704(b) within 2 years after the claim accrues.
**(d) Extensions.—** The limitation periods under subsection (b) of this section 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 subsections (b) and (c) of this section 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 or Secretary against a carrier within 1 year after the date of the order.
**(f) Government Transportation.—** This section applies to transp
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14705
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15905
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11706
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.