§15904 — Title 49 Transportation | U.S. Code

Summary

If a pipeline carrier that moves or handles goods under this law ignores a Board order (except an order just to pay money), a person hurt by that can sue in court to make the carrier follow the order. A carrier must also return any charges that were higher than the correct rate and must pay for harms caused by its wrongful acts or failures. A person can either file a complaint with the Board under section 15901(b) or bring a civil lawsuit to enforce these rules. The Board must set a date for payment if it awards money, and it may order damages only after a formal complaint. If the carrier misses the payment date, the person can sue to enforce the Board’s order and must include the Board’s order text in the complaint. State or federal courts can hear the case. The Board’s findings count as evidence. A federal trial happens where the plaintiff lives or where the carrier’s main office is. The plaintiff only pays costs that come from any appeal they start. The court must add a reasonable lawyer’s fee to the damages and collect it as part of the case costs.

Title 49, §15904

Transportation — Source: USLM XML via OLRC

(a)A person injured because a pipeline carrier providing transportation or service subject to this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action to enforce that order under this subsection.

(b)(1)A pipeline carrier providing transportation subject to this part is liable to a person for amounts charged that exceed the applicable rate for the transportation.

(2)A pipeline carrier providing transportation subject to this part is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this part.

(c)(1)A person may file a complaint with the Board under section 15901(b) or bring a civil action under subsection (b) to enforce liability against a pipeline carrier providing transportation subject to this part.

(2)When the Board makes an award under subsection (b), the Board shall order the carrier to pay the amount awarded by a specific date. The Board may order a carrier providing transportation subject to this part to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Board requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier does not pay the amount awarded by the date payment was ordered to be made.

(d)(1)When a person begins a civil action under subsection (b) to enforce an order of the Board requiring the payment of damages by a pipeline carrier providing transportation subject to this part, the text of the order of the Board must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the carrier is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.

(2)The district court shall award a reasonable attorney’s fee as a part of the damages for which a carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 105–102This amends 49:15904(c)(1) to correct an erroneous cross-reference.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

1998—Subsec. (c)(1). Pub. L. 105–225 inserted “section” before “15901(b)”. 1997—Subsec. (c)(1). Pub. L. 105–102 substituted “15901(b)” for “section 11501(b)”.

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.

§15904 Rights and remedies of persons injured by pipeline carriers