49 U.S.C. § 11705 — Limitation on actions by and against rail

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—