§11705 — Title 49 Transportation | U.S. Code

Summary

You must start a lawsuit within set time limits to recover rail charges or overcharges. A rail carrier has 3 years to sue to get charges it says are due. A person has 3 years to sue for overcharges under section 11704(b), even if no complaint is filed under section 11704(c)(1). To get damages under section 11704(b) through the Board, a person must file a complaint with the Board within 2 years. A claim for a shipment counts as a claim when the carrier delivers or offers delivery. Some deadlines can be extended. If you give a written claim to the carrier on time and the carrier later gives written notice denying part of it, the 3-year limit for overcharges is extended 6 months from that denial notice. The 3-year and 2-year limits are also extended 90 days if the carrier sues to recover the same charge under its 3-year rule or collects the charge (without suing) within the proper period. To enforce a Board order for payment, you must sue within 1 year after the order required the money to be paid. For U.S. Government shipments, these time limits are extended for 3 years from the later of the payment date, a later refund, or a deduction under 31 U.S.C. 3726.

Title 49, §11705

Transportation — Source: USLM XML via OLRC

(a)A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.

(b)A person must begin a civil action to recover overcharges under section 11704(b) of this title within 3 years after the claim accrues, whether or not a complaint is filed under section 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 accrues.

(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 extended 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 enforce 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 limitations 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 transportation 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained 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 section 11704, 14704, and 15904 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.

§11705 Limitation on actions by and against rail carriers