49 U.S.C. § 14704 — Rights and remedies of persons injured

Page 524 TITLE 49—TRANSPORTATION § 14702 known, related to the complaint to a motor carrier named in such complaint and to an appropriate State authority (as defined in section 14710(d) of title 49, United States Code) in the State in which the com- plainant resides. ‘‘(b) USE OF INFORMATION.—The Secretary shall con- sider information in the data base established under subsection (a) in its household goods compliance and enforcement program.’’ [For definitions of ‘‘carrier’’, ‘‘household goods’’, ‘‘motor carrier’’, and ‘‘Secretary’’ as used in section 4214 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.] § 14702. Enforcement by the regulatory authority (a) IN GENERAL.—The Secretary or the Board, as applicable, may bring a civil action— (1) to enforce section 14103 of this title; or (2) to enforce this part, or a regulation or order of the Secretary or Board, as applicable, when violated by a carrier or broker providing transportation or service subject to jurisdic- tion under subchapter I or III of chapter 135 of this title or by a foreign motor carrier or for- eign motor private carrier providing transpor- tation registered under section 13902 of this title. (b) VENUE.—In a civil action under subsection (a)(2) of this section— (1) trial is in the judicial district in which the carrier, foreign motor carrier, foreign motor private carrier, or broker operates; (2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and (3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person. (c) STANDING.—The Board, through its own at- torneys, may bring or participate in any civil action involving motor carrier undercharges. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11702 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. § 14703. Enforcement by the Attorney General The Attorney General may, and on request of either the Secretary or the Board shall, bring court proceedings— (1) to enforce this part or a regulation or order of the Secretary or Board or terms of registration under this part; and (2) to prosecute a person violating this part or a regulation or order of the Secretary or Board or term of registration under this part. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11703 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. § 14704. Rights and remedies of persons injured by carriers or brokers (a) IN GENERAL.— (1) ENFORCEMENT OF ORDER.—A person in- jured because a carrier or broker providing transportation or service subject to jurisdic- tion under chapter 135 does not obey an order of the Secretary or the Board, as applicable, under this part, except an order for the pay- ment of money, may bring a civil action to en- force that order under this subsection. A per- son may bring a civil action for injunctive re- lief for violations of sections 14102, 14103, and 14915(c). (2) DAMAGES FOR VIOLATIONS.—A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is lia- ble for damages sustained by a person as a re- sult of an act or omission of that carrier or broker in violation of this part. (b) LIABILITY AND DAMAGES FOR EXCEEDING TARIFF RATE.—A carrier providing transpor- tation or service subject to jurisdiction under chapter 135 is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702. (c) ELECTION.— (1) COMPLAINT TO DOT OR BOARD; CIVIL AC- TION.—A person may file a complaint with the Board or the Secretary, as applicable, under section 14701(b) or bring a civil action under subsection (b) to enforce liability against a carrier or broker providing transportation or service subject to jurisdiction under chapter 135. (2) ORDER OF DOT OR BOARD.— (A) IN GENERAL.—When the Board or Sec- retary, as applicable, makes an award under subsection (b) of this section, the Board or Secretary, as applicable, shall order the car- rier to pay the amount awarded by a specific date. The Board or Secretary, as applicable, may order a carrier or broker providing transportation or service subject to jurisdic- tion under chapter 135 to pay damages only when the proceeding is on complaint. (B) ENFORCEMENT BY CIVIL ACTION.—The person for whose benefit an order of the Board or Secretary requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier or broker does not pay the amount awarded by the date payment was ordered to be made. (d) PROCEDURE.— (1) IN GENERAL.—When a person begins a civil action under subsection (b) of this sec- Page 525 TITLE 49—TRANSPORTATION § 14706 tion to enforce an order of the Board or Sec- retary requiring the payment of damages by a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 of this title, the text of the order of the Board or Secretary must be included in the complaint. In addition to the district courts of the United States, a State court of general ju- risdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board or Secretary are competent evidence 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 in which the plaintiff resides or in which the principal operating office of the car- rier or broker is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff. (2) PARTIES.—All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defend- ants. Trial in the action is in the judicial dis- trict in which any one of the plaintiffs could bring the action against any one of the defend- ants. Process may be served on a defendant at its principal operating office when that de- fendant is not in the district in which the ac- tion is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff. (e) ATTORNEY’S FEES.—The district court shall award a reasonable attorney’s fee under this sec- tion. The district court shall tax and collect that fee as part of the costs of the action. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905; amended Pub. L. 112–141, div. C, title II, § 32922(a), July 6, 2012, 126 Stat. 828.) 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). AMENDMENTS 2012—Subsec. (a)(1). Pub. L. 112–141 substituted ‘‘, 14103, and 14915(c)’’ for ‘‘and 14103’’. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. 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. § 14705. Limitation on actions by and against car- riers (a) IN GENERAL.—A carrier providing transpor- tation 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 ju- risdiction 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 re- cover charges related to the same transpor- tation 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 appro- priate period. (e) PAYMENT.—A person must begin a civil ac- tion to enforce an order of the Board or Sec- retary against a carrier within 1 year after the date of the order. (f) GOVERNMENT TRANSPORTATION.—This sec- tion applies to transportation for the United States Government. The time limitations under this section are extended, as related to transpor- tation for or on behalf of the United States Gov- ernment, for 3 years from the later of 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. (g) ACCRUAL DATE.—A claim related to a ship- ment of property accrues under this section on delivery or tender of delivery by the carrier. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 907.) 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). 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. § 14706. Liability of carriers under receipts and bills of lading (a) GENERAL LIABILITY.—