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

Summary

A pipeline carrier must start a lawsuit to collect charges within 3 years after the claim starts. A person must sue to recover overcharges under section 15904(b)(1) within 3 years, or file a complaint with the Board under 15904(c)(1) within 3 years if they choose that route. To get damages under 15904(b)(2), a person must file a Board complaint within 2 years. If a written claim is filed and the carrier sends a written notice denying part of it, the 3-year limits in (b) are extended by 6 months from that notice. The time limits in (b) and the 2-year limit in (c) are also extended by 90 days if the carrier sues under (a) or collects the charge within the proper period. To enforce a Board money order, start a lawsuit within 1 year after the payment date in the order. For U.S. Government shipments, the time limits are extended 3 years from the date of payment, a later refund, or a deduction under section 3726 of title 31. A claim about a shipment starts when the carrier delivers or offers to deliver the property.

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