§15905 — Title 49 Transportation | U.S. Code

Summary

Sets time limits for lawsuits and complaints about pipeline shipping charges, refunds, or damages. A pipeline company must sue to get unpaid charges within 3 years after the claim starts. A person must sue to recover overcharges within 3 years, or file a complaint with the Board within 3 years if they choose that route. To get damages, a person must file a complaint with the Board within 2 years. To force a carrier to pay after a Board order, a person must sue within 1 year after the payment was due. If you gave a timely written claim and the carrier later sends a written denial, your 3-year time is extended by 6 months from that denial. If the carrier sues or collects the same charge during the allowed time, the other party gets an extra 90 days from when the carrier acted. For shipments for the U.S. government, the time limits run from 3 years after the payment, any refund, or an official deduction. A claim about a shipment starts when the carrier delivers or offers to deliver the goods.

Title 49, §15905

Transportation — Source: USLM XML via OLRC

(a)A pipeline carrier providing transportation or service subject to 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 15904(b)(1) within 3 years after the claim accrues. If an election to file a complaint with the Board is made under section 15904(c)(1), the complaint must be filed within 3 years after the claim accrues.

(c)A person must file a complaint with the Board to recover damages under section 15904(b)(2) within 2 years after the claim accrues.

(d)The limitation periods under subsection (b) 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 subsection (b) and the 2-year period under subsection (c) 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 against a 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,

(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.

§15905 Limitation on actions by and against pipeline carriers