§41310 Charge complaints

Summary

Anyone can send the Federal Maritime Commission information about charges a common carrier has assessed. The Commission must accept that information. Senders must include bill of lading numbers and invoices and may add any other helpful documents. After a submission, the Commission must quickly investigate whether the charge follows section 41104(a) and section 41102. The carrier gets a chance to give more information and must prove that demurrage or detention charges are reasonable under 46 C.F.R. 545.5 (or successor regulations). If the Commission finds the charge violates section 41104(a) or 41102, it must order a refund of what was paid and impose a civil penalty under section 41107 on the carrier. If the carrier is a non-vessel-operating common carrier, the Commission must decide whether that carrier or some other party is partly or fully responsible and who should face refund or penalty actions.