§13711 Alternative procedure for resolving undercharge disputes

Summary

It says it is unfair for a motor carrier of property (not household goods) that operates under the federal rules in chapter 135, or that before January 1, 1996 operated under the old chapter 105 rules, and for freight forwarders (not household goods), or someone acting for them, to try to collect the extra money equal to the difference between a lawful filed tariff rate and a lower rate they negotiated if the carrier stopped serving the places listed in section 13501(1) or changed service just to avoid this rule. The Board decides if the charge is unfair. If the Board finds it is unfair, the carrier can’t collect that difference. In deciding, the Board looks at whether the carrier offered a nonfiled rate, whether the shipper relied on it, whether the carrier failed to file a tariff or make a contract, whether the lower rate was billed and collected, and whether the carrier later sought the higher filed rate. A shipper who challenges such a practice does not have to pay the extra amount until the Board rules. This rule is an exception to certain tariff filing requirements (see sections 13702, and for before January 1, 1996, 10761(a) and 10762) and section 13709 does not apply to rates enforced under this rule. “Negotiated rate” means a written agreement on a rate, charge, classification, or rule reached by carrier and shipper when no tariff was lawfully and timely filed. This applies to cases pending on January 1, 1996.