§41310 Charge Complaints

Summary

Anyone can send the Federal Maritime Commission information about charges a common carrier assessed. The Commission must accept the information. Senders must include bill of lading numbers and invoices and can add other relevant papers. After getting the information, the Commission must promptly check whether the charge follows section 41104(a) and section 41102. The carrier can give more information. The carrier must prove demurrage or detention charges are reasonable under section 545.5 of title 46, Code of Federal Regulations (or successor regulations). If the Commission finds a charge broke section 41104(a) or 41102, it must order a refund of amounts paid and apply a civil penalty under section 41107 to the carrier. If the charge came from a non-vessel-operating common carrier, the Commission must consider whether that carrier or some other party is partly or fully responsible and who should be subject to refunds or penalties.