49 U.S.C. § 14707 — Private enforcement of registration re-

Page 527 TITLE 49—TRANSPORTATION § 14707 claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such dis- allowance; and (B) communications received from a car- rier’s insurer shall not constitute a disallow- ance of any part of the claim unless the in- surer, in writing, informs the claimant that such part of the claim is disallowed, provides reason for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier. (f) LIMITING LIABILITY OF HOUSEHOLD GOODS CARRIERS TO DECLARED VALUE.— (1) IN GENERAL.—A carrier or group of car- riers subject to jurisdiction under subchapter I or III of chapter 135 may petition the Board to modify, eliminate, or establish rates for the transportation of household goods under which the liability of the carrier for that property is limited to a value established by written dec- laration of the shipper or by a written agree- ment. (2) FULL VALUE PROTECTION OBLIGATION.—Un- less the carrier receives a waiver in writing under paragraph (3), a carrier’s maximum li- ability for household goods that are lost, dam- aged, destroyed, or otherwise not delivered to the final destination is an amount equal to the replacement value of such goods, subject to a maximum amount equal to the declared value of the shipment and to rules issued by the Sur- face Transportation Board and applicable tar- iffs. (3) APPLICATION OF RATES.—The released rates established by the Board under para- graph (1) (commonly known as ‘‘released rates’’) shall not apply to the transportation of household goods by a carrier unless the li- ability of the carrier for the full value of such household goods under paragraph (2) is waived, in writing, by the shipper. (g) MODIFICATIONS AND REFORMS.— (1) STUDY.—The Secretary shall conduct a study to determine whether any modifications or reforms should be made to the loss and damage provisions of this section, including those related to limitation of liability by car- riers. (2) FACTORS TO CONSIDER.—In conducting the study, the Secretary, at a minimum, shall consider— (A) the efficient delivery of transportation services; (B) international and intermodal harmony; (C) the public interest; and (D) the interest of carriers and shippers. (3) REPORT.—Not later than 12 months after January 1, 1996, the Secretary shall submit to Congress a report on the results of the study, together with any recommendations of the Secretary (including legislative recommenda- tions) for implementing modifications or re- forms identified by the Secretary as being ap- propriate. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 907; amended Pub. L. 104–287, § 5(38), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, § 4207, Aug. 10, 2005, 119 Stat. 1757.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 10730 and 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2005—Subsec. (f). Pub. L. 109–59 designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). 1996—Subsec. (g)(3). Pub. L. 104–287 substituted ‘‘Jan- uary 1, 1996’’ for ‘‘the effective date of this section’’. 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. REVIEW OF LIABILITY OF CARRIERS Pub. L. 109–59, title IV, § 4215, Aug. 10, 2005, 119 Stat. 1760, provided that, not later than 1 year after Aug. 10, 2005, the Surface Transportation Board would complete a review of Federal regulations regarding liability pro- tection provided by motor carriers that provided trans- portation of household goods and revise such regula- tions, if necessary, to provide enhanced protection for loss or damage. § 14707. Private enforcement of registration re- quirement (a) IN GENERAL.—If a person provides transpor- tation by motor vehicle or service in clear viola- tion of section 13901–13904 or 13906, a person in- jured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who vio- lated that section operates. (b) PROCEDURE.—A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further ac- tion pending disposition of the proceeding before the Secretary. (c) ATTORNEY’S FEES.—In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 910.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Ju- diciary and Judicial Procedure. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11708 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Page 528 TITLE 49—TRANSPORTATION § 14708 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. § 14708. Dispute settlement program for house- hold goods carriers (a) OFFERING SHIPPERS ARBITRATION.—As a condition of registration under section 13902 or 13903, a carrier providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 must agree to offer in accordance with this section to shippers of household goods arbitration as a means of settling disputes between such carriers and ship- pers of household goods concerning damage or loss to the household goods transported and to determine whether carrier charges, in addition to those collected at delivery, must be paid by shippers for transportation and services related to transportation of household goods. (b) ARBITRATION REQUIREMENTS.— (1) PREVENTION OF SPECIAL ADVANTAGE.—The arbitration that is offered must be designed to prevent a carrier from having any special ad- vantage in any case in which the claimant re- sides or does business at a place distant from the carrier’s principal or other place of busi- ness. (2) NOTICE OF ARBITRATION PROCEDURE.—The carrier must provide the shipper an adequate notice of the availability of neutral arbitra- tion, including a concise easy-to-read, accu- rate summary of the arbitration procedure, any applicable costs, and disclosure of the legal effects of election to utilize arbitration. Such notice must be given to persons for whom household goods are to be transported by the carrier before such goods are tendered to the carrier for transportation. (3) PROVISION OF FORMS.—Upon request of a shipper, the carrier must promptly provide such forms and other information as are nec- essary for initiating an action to resolve a dis- pute under arbitration. (4) INDEPENDENCE OF ARBITRATOR.—Each per- son authorized to arbitrate or otherwise settle disputes must be independent of the parties to the dispute and must be capable, as deter- mined under such regulations as the Secretary may issue, to resolve such disputes fairly and expeditiously. The carrier must ensure that each person chosen to settle the disputes is au- thorized and able to obtain from the shipper or carrier any material and relevant information to the extent necessary to carry out a fair and expeditious decisionmaking process. (5) APPORTIONMENT OF COSTS.—No shipper may be charged more than half of the cost for instituting an arbitration proceeding that is brought under this section. In the decision, the arbitrator may determine which party shall pay the cost or a portion of the cost of the arbitration proceeding, including the cost of instituting the proceeding. (6) REQUESTS.—The carrier must not require the shipper to agree to utilize arbitration prior to the time that a dispute arises. If the dispute involves a claim for $10,000 or less and the shipper requests arbitration, such arbitra- tion shall be binding on the parties. If the dis- pute involves a claim for more than $10,000 and the shipper requests arbitration, such arbitra- tion shall be binding on the parties only if the carrier agrees to arbitration. (7) ORAL PRESENTATION OF EVIDENCE.—The arbitrator may provide for an oral presen- tation of a dispute concerning transportation of household goods by a party to the dispute (or a party’s representative), but such oral presentation may be made only if all parties to the dispute expressly agree to such presen- tation and the date, time, and location of such presentation. (8) DEADLINE FOR DECISION.—The arbitrator must, as expeditiously as possible but at least within 60 days of receipt of written notifica- tion of the dispute, render a decision based on the information gathered; except that, in any case in which a party to the dispute fails to provide in a timely manner any information concerning such dispute which the person set- tling the dispute may reasonably require to resolve the dispute, the arbitrator may extend such 60-day period for a reasonable period of time. A decision resolving a dispute may in- clude any remedies appropriate under the cir- cumstances, including repair, replacement, re- fund, reimbursement for expenses, compensa- tion for damages, and an order requiring the payment of additional carrier charges. (c) LIMITATION ON USE OF MATERIALS.—Mate- rials and information obtained in the course of a decision making process to settle a dispute by arbitration under this section may not be used to bring an action under section 14905. (d) ATTORNEY’S FEES TO SHIPPERS.—In any court action to resolve a dispute between a ship- per of household goods and a carrier providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 con- cerning the transportation of household goods by such carrier, the shipper shall be awarded reasonable attorney’s fees if— (1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later; (2) the shipper prevails in such court action; and (3)(A) the shipper was not advised by the car- rier during the claim settlement process that a dispute settlement program was available to resolve the dispute; (B) a decision resolving the dispute was not rendered through arbitration under this sec- tion within the period provided under sub- section (b)(8) of this section or an extension of such period under such subsection; or (C) the court proceeding is to enforce a deci- sion rendered through arbitration under this section and is instituted after the period for performance under such decision has elapsed. (e) ATTORNEY’S FEES TO CARRIERS.—In any court action to resolve a dispute between a ship- per of household goods and a carrier providing transportation, or service subject to jurisdiction under subchapter I or III of chapter 135 con- cerning the transportation of household goods