49 U.S.C. § 13707 — Payment of rates

Page 480 TITLE 49—TRANSPORTATION § 13705 § 13705. Requirements for through routes among motor carriers of passengers (a) ESTABLISHMENT; REASONABLENESS.—A motor carrier providing transportation of pas- sengers subject to jurisdiction under subchapter I of chapter 135 shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them. Such through route must be reasonable. (b) PRESCRIBED BY BOARD.—When the Board finds it necessary to enforce the requirements of this section, the Board may prescribe through routes and the conditions under which those routes must be operated for motor carriers pro- viding transportation of passengers subject to jurisdiction under subchapter I of chapter 135. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 872.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 10703 and 10705 of this title 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. § 13706. Liability for payment of rates (a) LIABILITY OF CONSIGNEE.—Liability for pay- ment of rates for transportation for a shipment of property by a shipper or consignor to a con- signee other than the shipper or consignor, is de- termined under this section when the transpor- tation is provided by motor carrier under this part. When the shipper or consignor instructs the carrier transporting the property to deliver it to a consignee that is an agent only, not hav- ing beneficial title to the property, the con- signee is liable for rates billed at the time of de- livery for which the consignee is otherwise lia- ble, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier be- fore delivery of the property— (1) of the agency and absence of beneficial title; and (2) of the name and address of the beneficial owner of the property if it is reconsigned or di- verted to a place other than the place specified in the original bill of lading. (b) LIABILITY OF BENEFICIAL OWNER.—When the consignee is liable only for rates billed at the time of delivery under subsection (a), the ship- per or consignor, or, if the property is recon- signed or diverted, the beneficial owner is liable for those additional rates regardless of the bill of the lading or contract under which the prop- erty was transported. The beneficial owner is liable for all rates when the property is recon- signed or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the carrier erroneous information about the identity of the beneficial owner of the prop- erty is liable for the additional rates. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 872.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10744 of this title 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. § 13707. Payment of rates (a) TRANSFER OF POSSESSION UPON PAYMENT.— Except as provided in subsection (b), a carrier providing transportation or service subject to jurisdiction under this part shall give up posses- sion at the destination of the property trans- ported by it only when payment for the trans- portation or service is made. (b) EXCEPTIONS.— (1) REGULATIONS.—Under regulations of the Secretary governing the payment for trans- portation and service and preventing discrimi- nation, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Secretary may provide for weekly or monthly payment for transportation provided by motor carriers and for periodic payment for transportation pro- vided by water carriers. (2) EXTENSIONS OF CREDIT TO GOVERNMENTAL ENTITIES.—Such a carrier (including a motor carrier being used by a household goods freight forwarder) may extend credit for trans- porting property for the United States Govern- ment, a State, a territory or possession of the United States, or a political subdivision of any of them. (3) SHIPMENTS OF HOUSEHOLD GOODS.— (A) IN GENERAL.—A carrier providing transportation of a shipment of household goods shall give up possession of the house- hold goods being transported at the destina- tion upon payment of— (i) 100 percent of the charges contained in a binding estimate provided by the car- rier; (ii) not more than 110 percent of the charges contained in a nonbinding esti- mate provided by the carrier; or (iii) in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with subparagraph (B). (B) CALCULATION OF PRORATED CHARGES.— For purposes of subparagraph (A)(iii), the prorated percentage of the charges shall be the percentage of the total charges due to the carrier as described in clause (i) or (ii) of Page 481 TITLE 49—TRANSPORTATION § 13709 subparagraph (A) that is equal to the per- centage of the weight of that portion of the shipment delivered to the total weight of the shipment. (C) POST-CONTRACT SERVICES.—Subpara- graph (A) does not apply to additional serv- ices requested by a shipper after the con- tract of service is executed that were not in- cluded in the estimate. (D) IMPRACTICABLE OPERATIONS.—Subpara- graph (A) does not apply to impracticable operations, as defined by the applicable car- rier tariff, except that the charges collected at delivery for such operations shall not ex- ceed 15 percent of all other charges due at delivery. Any remaining charges due shall be paid within 30 days after the carrier presents its freight bill. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 873; amended Pub. L. 109–59, title IV, § 4203, Aug. 10, 2005, 119 Stat. 1752.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10743 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2005—Subsec. (b)(3). Pub. L. 109–59 added par. (3). 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. § 13708. Billing and collecting practices (a) DISCLOSURE.—A motor carrier subject to jurisdiction under subchapter I of chapter 135 shall disclose, when a document is presented or electronically transmitted for payment to the person responsible directly to the motor carrier for payment or agent of such responsible person, the actual rates, charges, or allowances for any transportation service and shall also disclose, at such time, whether and to whom any allowance or reduction in charges is made. (b) FALSE OR MISLEADING INFORMATION.—No person may cause a motor carrier to present false or misleading information on a document about the actual rate, charge, or allowance to any party to the transaction. (c) ALLOWANCES FOR SERVICES.—When the ac- tual rate, charge, or allowance is dependent upon the performance of a service by a party to the transportation arrangement, such as ten- dering a volume of freight over a stated period of time, the motor carrier shall indicate in any document presented for payment to the person responsible directly to the motor carrier that a reduction, allowance, or other adjustment may apply. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 873.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10767 of this title 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. § 13709. Procedures for resolving claims involv- ing unfiled, negotiated transportation rates (a) TRANSPORTATION PROVIDED AT RATES OTHER THAN LEGAL TARIFF RATES.— (1) IN GENERAL.—When a claim is made by a motor carrier of property (other than a house- hold goods carrier) providing transportation subject to jurisdiction under subchapter II of chapter 105 (as in effect on December 31, 1995) or subchapter I of chapter 135, by a freight for- warder (other than a household goods freight forwarder), or by a party representing such a carrier or freight forwarder regarding the col- lection of rates or charges for such transpor- tation in addition to those originally billed and collected by the carrier or freight for- warder for such transportation, the person against whom the claim is made may elect to satisfy the claim under the provisions of sub- section (b), (c), or (d), upon showing that— (A) the carrier or freight forwarder is no longer transporting property or is trans- porting property for the purpose of avoiding the application of this section; and (B) with respect to the claim— (i) the person was offered a transpor- tation rate by the carrier or freight for- warder other than that legally on file at the time with the Board or with the Inter- state Commerce Commission, as required, for the transportation service; (ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate; (iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commis- sion, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage; (iv) such transportation rate was billed and collected by the carrier or freight for- warder; and (v) the carrier or freight forwarder de- mands additional payment of a higher rate filed in a tariff. (2) FORUM.—If there is a dispute as to the showing under paragraph (1)(A), such dispute shall be resolved by the court in which the claim is brought. If there is a dispute as to the showing under paragraph (1)(B), such dispute shall be resolved by the Board. Pending the resolution of any such dispute, the person shall not have to pay any additional com- pensation to the carrier or freight forwarder. (3) EFFECT OF SATISFACTION OF CLAIMS.—Sat- isfaction of the claim under subsection (b), (c),