49 U.S.C. § 14709 — Tariff reconciliation rules for motor car-

Page 529 TITLE 49—TRANSPORTATION § 14710 by such carrier, such carrier may be awarded reasonable attorney’s fees by the court only if the shipper brought such action in bad faith— (1) after resolution of such dispute through arbitration under this section; or (2) after institution of an arbitration pro- ceeding by the shipper to resolve such dispute under this section but before— (A) the period provided under subsection (b)(8) for resolution of such dispute (includ- ing, if applicable, an extension of such pe- riod under such subsection) ends; and (B) a decision resolving such dispute is rendered. (f) LIMITATION OF APPLICABILITY TO COLLECT- ON-DELIVERY TRANSPORTATION.—The provisions of this section shall apply only in the case of collect-on-delivery transportation of household goods. (g) REVIEW BY SECRETARY.—Not later than 18 months after January 1, 1996, the Secretary shall complete a review of the dispute settle- ment program established under this section. If, after notice and opportunity for comment, the Secretary determines that changes are nec- essary to such program to ensure the fair and equitable resolution of disputes under this sec- tion, the Secretary shall implement such changes and transmit a report to Congress on such changes. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 910; amended Pub. L. 104–287, § 5(38), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 106–159, title II, § 209(b), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, § 4208, Aug. 10, 2005, 119 Stat. 1757.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11711 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2005—Subsec. (a). Pub. L. 109–59, § 4208(a), inserted ‘‘and to determine whether carrier charges, in addition to those collected at delivery, must be paid by shippers for transportation and services related to transpor- tation of household goods’’ before period at end. Subsec. (b)(6). Pub. L. 109–59, § 4208(b), substituted ‘‘$10,000’’ for ‘‘$5,000’’ in two places. Subsec. (b)(8). Pub. L. 109–59, § 4208(c), substituted ‘‘compensation for damages, and an order requiring the payment of additional carrier charges’’ for ‘‘and com- pensation for damages’’. Subsec. (d)(3). Pub. L. 109–59, § 4208(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. 1999—Subsec. (b)(6). Pub. L. 106–159 substituted ‘‘$5000’’ for ‘‘$1000’’ in two places. 1996—Subsec. (g). Pub. L. 104–287 substituted ‘‘Janu- ary 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. § 14709. Tariff reconciliation rules for motor car- riers of property Subject to review and approval by the Board, motor carriers subject to jurisdiction under sub- chapter I of chapter 135 (other than motor car- riers providing transportation of household goods) and shippers may resolve, by mutual con- sent, overcharge and under-charge claims result- ing from incorrect tariff provisions or billing er- rors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compli- ance with section 13702 or, with respect to trans- portation provided before January 1, 1996, sec- tions 10761 and 10762, as in effect on December 31, 1995. Resolution of such claims among the par- ties shall not subject any party to the penalties for departing from a tariff. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 912; amended Pub. L. 104–287, § 5(39), Oct. 11, 1996, 110 Stat. 3392.) HISTORICAL AND REVISION NOTES PUB. L. 104–287 This amends 49:14709 by setting out the effective date of 49:14709 and for clarity and consistency. Editorial Notes REFERENCES IN TEXT Sections 10761 and 10762, referred to in text, were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1996—Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this section’’ and ‘‘December 31, 1995’’ for ‘‘the day before the effective date of this sec- tion’’. 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. § 14710. Enforcement of Federal laws and regula- tions with respect to transportation of house- hold goods (a) ENFORCEMENT BY STATES.—Notwith- standing any other provision of this title, a State authority may enforce the consumer pro- tection provisions of this title that apply to in- dividual shippers, as determined by the Sec- retary, and are related to the delivery and trans- portation of household goods in interstate com- merce. Any fine or penalty imposed on a carrier in a proceeding under this subsection shall be paid, notwithstanding any other provision of law, to and retained by the State. (b) NOTICE.—The State shall serve written no- tice to the Secretary or the Board, as the case may be, of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide the notice imme- diately upon instituting such civil action.