§14704 — Title 49 Transportation | U.S. Code

Summary

Allows a person hurt because a carrier or broker under chapter 135 ignored an order from the Secretary or the Board (except orders that only require payment of money) to sue in court to make the carrier follow that order. A person can also sue for court action (injunctive relief) for violations of sections 14102, 14103, and 14915(c). Carriers and brokers are responsible for harm they cause by breaking these rules. A carrier must also refund any charges that were higher than the tariff rate in effect under section 13702. A person can complain to the Board or Secretary under section 14701(b) or bring a civil suit to enforce liability. If the Board or Secretary awards money under subsection (b), they will set a date for payment. If the carrier does not pay, the person named in the order can sue to enforce it. The Board’s or Secretary’s order must be included in the complaint. Federal district courts and state courts of general jurisdiction can enforce these orders. The Board’s or Secretary’s findings count as evidence. Multiple claimants and carriers can join a suit, and courts may allow service at a carrier’s main office. The district court must award a reasonable attorney’s fee and collect it as part of the case costs.

Title 49, §14704

Transportation — Source: USLM XML via OLRC

(a)(1)A person injured because a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 does not obey an order of the Secretary or the Board, as applicable, under this part, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. A person may bring a civil action for injunctive relief for violations of section 14102, 14103, and 14915(c).

(2)A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is liable for damages sustained by a person as a result of an act or omission of that carrier or broker in violation of this part.

(b)A carrier providing transportation or service subject to jurisdiction under chapter 135 is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702.

(c)(1)A person may file a complaint with the Board or the Secretary, as applicable, under section 14701(b) or bring a civil action under subsection (b) to enforce liability against a carrier or broker providing transportation or service subject to jurisdiction under chapter 135.

(2)(A)When the Board or Secretary, as applicable, makes an award under subsection (b) of this section, the Board or Secretary, as applicable, shall order the carrier to pay the amount awarded by a specific date. The Board or Secretary, as applicable, may order a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 to pay damages only when the proceeding is on complaint.

(B)The person for whose benefit an order of the Board or Secretary requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier or broker 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) of this section to enforce an order of the Board or Secretary requiring the payment of damages by a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 of this title, the text of the order of the Board or Secretary 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 or Secretary 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 or broker 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)All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.

(e)The district court shall award a reasonable attorney’s fee under this section. The district court shall tax and collect that fee as part of the costs of the action.

Notes & Related Subsidiaries

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

2012—Subsec. (a)(1). Pub. L. 112–141 substituted “, 14103, and 14915(c)” for “and 14103”.

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

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.

§14704 Rights and Remedies of Persons Injured by Carriers or Brokers

Summary

Title 49, §14704

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata