§14705 — Title 49 Transportation | U.S. Code

Summary

Sets time limits for suing or filing complaints about transportation charges and overcharges. A carrier must sue to recover charges within 18 months after the claim arises. A person must sue for overcharges within 18 months after the claim arises. If the claim is against a carrier under chapter 135 and the person chooses to file a complaint with the Board or Secretary under section 14704(c)(1), the complaint must be filed within 3 years. A complaint to get damages under section 14704(b) must be filed within 2 years. If you give a written claim and the carrier later denies part of it, you get 6 more months. If the carrier sues or collects the same charge within the original time, you get an extra 90 days. You must sue to enforce a Board or Secretary order within 1 year of the order. The rules also cover U.S. Government transportation. For government shipments the time limits are extended for 3 years from the later of payment, a refund, or a deduction under section 3726 of title 31. Accrual: a claim starts when the carrier delivers or offers to deliver the shipment.

Title 49, §14705

Transportation — Source: USLM XML via OLRC

(a)A carrier providing transportation or service subject to jurisdiction under chapter 135 must begin a civil action to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues.

(b)A person must begin a civil action to recover overcharges within 18 months after the claim accrues. If the claim is against a carrier providing transportation subject to jurisdiction under chapter 135 and an election to file a complaint with the Board or Secretary, as applicable, is made under section 14704(c)(1), the complaint must be filed within 3 years after the claim accrues.

(c)A person must file a complaint with the Board or Secretary, as applicable, to recover damages under section 14704(b) within 2 years after the claim accrues.

(d)The limitation periods under subsection (b) of this section are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsections (b) and (c) of this section are extended for 90 days from the time the carrier begins a civil action under subsection (a) 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 or Secretary against a carrier within 1 year after the date of the order.

(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 later of 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.

(g)A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the 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).

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.

§14705 Limitation on actions by and against carriers