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

Page 457 TITLE 49—TRANSPORTATION § 11704 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. RULEMAKINGS FOR INVESTIGATIONS OF THE BOARD’S INITIATIVE Pub. L. 114–110, § 12(c), Dec. 18, 2015, 129 Stat. 2235, pro- vided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Dec. 18, 2015], the Board shall issue rules, after notice and comment rulemaking, for investigations commenced on its own initiative that— ‘‘(1) comply with the requirements of section 11701(d) of title 49, United States Code, as added by subsection (b); ‘‘(2) satisfy due process requirements; and ‘‘(3) take into account ex parte constraints.’’ § 11702. Enforcement by the Board The Board may bring a civil action— (1) to enjoin a rail carrier from violating sec- tions 10901 through 10906 of this title, or a reg- ulation prescribed or order or certificate issued under any of those sections; (2) to enforce subchapter II of chapter 113 of this title and to compel compliance with an order of the Board under that subchapter; and (3) to enforce an order of the Board, except a civil action to enforce an order for the pay- ment of money, when it is violated by a rail carrier providing transportation subject to the jurisdiction of the Board under this part. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.) Editorial Notes PRIOR PROVISIONS A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96–296, §§ 15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97–261, § 25(e), Sept. 20, 1982, 96 Stat. 1125; Pub. L. 98–554, title II, § 226(c)(5), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 100–690, title IX, § 9111(j), Nov. 18, 1988, 102 Stat. 4534, related to authority of Interstate Commerce Commission to bring a civil action to en- force various provisions of this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11702, 14702, and 15902 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. § 11703. Enforcement by the Attorney General (a) The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part, or a regulation or order of the Board or certificate issued under this part, and to prosecute a person violating this part or a regulation or order of the Board or certificate issued under this part. (b) The United States Government may bring a civil action on behalf of a person to compel a rail carrier providing transportation subject to the jurisdiction of the Board under this part to provide that transportation to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the rail carrier, for like traffic under similar conditions to another person. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.) Editorial Notes PRIOR PROVISIONS A prior section 11703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450, related to authority of Attorney General and United States Government to bring civil actions to en- force this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11703, 14703, and 15903 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. § 11704. Rights and remedies of persons injured by rail carriers (a) A person injured because a rail carrier pro- viding 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 ac- tion in a United States District Court to enforce that order under this subsection. (b) A rail carrier providing transportation sub- ject 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 or bring a civil action under subsection (b) of this section to enforce liability against a rail carrier pro- viding transportation subject to the jurisdiction of the Board under this part. (2) When the Board makes an award under sub- section (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 jurisdic- tion 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 this section to enforce an order of the Board requiring the payment of damages by a rail carrier providing transpor- tation subject to the jurisdiction of the Board under this part, the text of the order of the Board must be included in the complaint. In ad- dition to the district courts of the United States, a State court of general jurisdiction hav- ing jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The find- ings and order of the Board are competent evi- 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. 17, 1978, 92 Stat. 1451, related to actions by private persons to en- join abandonment of service, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 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 re- cover charges for transportation or service pro- vided by the carrier within 3 years after the claim accrues. (b) A person must begin a civil action to re- cover overcharges under section 11704(b) of this title within 3 years after the claim accrues, whether or not a complaint is filed under sec- tion 11704(c)(1). (c) A person must file a complaint with the Board to recover damages under section 11704(b) of this title within 2 years after the claim ac- crues. (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 ex- tended 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 en- force 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 applies to transportation for the United States Government. The time limita- tions 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 transpor- tation or service involved; (2) subsequent refund for overpayment of that rate; or (3) deduction made under section 3726 of title 31, whichever is later. (g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the rail carrier. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 847.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451; Pub. L. 99–521, § 12(b), Oct. 22, 1986, 100 Stat. 2998, related to rights and remedies of persons injured by certain carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11704, 14704, and 15904 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. § 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 pro- viding transportation or service subject to the jurisdiction of the Board under this part are lia- ble 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 in- jury to the property caused by—