§13711 Alternative Procedure for Resolving Undercharge Disputes

Summary

Makes it unfair for most motor carriers and freight forwarders (not those hauling household goods) to try to make a shipper pay the difference between a rate that was properly filed in a tariff and a lower rate the carrier or forwarder had agreed to, when the carrier stops running between the covered places or is doing this to avoid the rule. The Board decides if the attempt to collect the extra money is unfair. If the Board finds it unfair, the carrier or forwarder cannot collect that difference. The Board will look at things like whether a different rate was offered than the filed tariff, whether the shipper relied on that offer, whether the carrier failed to file the tariff or a contract for the rate, whether the carrier billed and collected the rate, and whether the carrier later demanded more money. A shipper who challenges the charge does not have to pay extra until the Board rules. This rule is an exception to section 13702 and, for transportation before January 1, 1996, to sections 10761(a) and 10762 as they were on December 31, 1995. If someone chooses to enforce this rule for a rate, section 13709 does not apply to that rate. "Negotiated rate" means a written agreement between a carrier or forwarder and a shipper made without a lawfully and timely filed tariff. The rule applies to cases pending on January 1, 1996.