§10743 — Title 49 Transportation | U.S. Code

Summary

Tells who must pay rail shipping charges when goods are sent by one party and delivered to a consignee who only acts as an agent and does not own the goods. If the consignee gives the delivering carrier written notice before delivery that it is an agent and not the owner, and gives the name and address of the real owner when the shipment is reconsigned or diverted, the consignee only must pay the rates billed at delivery time. Any extra charges found later must be paid by the shipper, consignor, or the beneficial owner if the goods are reconsigned or diverted. If an agent reconsigns or diverts goods and the goods are refused or abandoned at the final destination, the beneficial owner must pay all rates if the agent gave the carrier the notice and owner’s name and address. If a consignee or reconsignor gives wrong owner information, that party is responsible for extra charges. A rail carrier can sue to collect these unpaid rates. The carrier must start the suit within the time limit in section 11705(a) or by the end of the 6th month after a final judgment against it in a related case.

Title 49, §10743

Transportation — Source: USLM XML via OLRC

(a)(1)Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—

(A)of the agency and absence of beneficial title; and

(B)of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.

(2)When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.

(b)Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul rail carrier that is to make ultimate delivery—

(1)to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and

(2)that delivery is to be made to that party on payment of all applicable transportation rates;

(c)(1)A rail carrier may bring an action to enforce liability under subsection (a) of this section. That rail carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section.

(2)A rail carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the shipper, consignor, or other party under that section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10743, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391; Pub. L. 99–521, § 7(i), Oct. 22, 1986, 100 Stat. 2995, related to payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 13707 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§10743 Liability for payment of rates