49 U.S.C. § 13708 — Billing and collecting practices

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),