1994 US Code
Title 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE COMMERCE
CHAPTER 117 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
Sec. 11705 - Rights and remedies of persons injured by certain carriers

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§11705. Rights and remedies of persons injured by certain carriers

(a) A person injured because a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title or a freight forwarder does not obey an order of the Commission, except an order for the payment of money, may bring a civil action to enforce that order under this subsection.

(b)(1) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title or a freight forwarder is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff filed under subchapter IV of chapter 107 of this title or the applicable freight forwarder rate, as the case may be.

(2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this subtitle.

(3) A common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II or IV of chapter 105 of this title or a freight forwarder is liable for damages resulting from the imposition of rates for transportation or service the Commission finds to be in violation of this subtitle.

(c)(1) A person may file a complaint with the Commission under section 11701(b) of this title or bring a civil action under subsection (b) (1) or (2) of this section to enforce liability against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title. A person may begin a proceeding under section 10704 or 10705 of this title to enforce liability under subsection (b)(3) of this section by filing a complaint with the Commission under section 11701(b) of this title.

(2) When the Commission makes an award under subsection (b) of this section, the Commission shall order the carrier to pay the amount awarded by a specific date. The Commission may order a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Commission requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier 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 Commission requiring the payment of damages by a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title, the text of the order of the Commission 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 Commission 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 (A) in which the plaintiff resides, (B) in which the principal operating office of the carrier is located, (C) if a rail carrier, through which the railroad line of that carrier runs, or (D) if a water carrier, in which a port of call on a route operated by that carrier 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.

(3) The district court shall award a reasonable attorney's fee as a part of the damages for which a carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451; Pub. L. 99–521, §12(b), Oct. 22, 1986, 100 Stat. 2998.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11705(a)	49:16(12) (related to action by private person).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §16(12) (related to action by private person); added June 18, 1910, ch. 309, §13, 36 Stat. 535; Oct. 22, 1913, ch. 32, §1, 38 Stat. 219; Feb. 28, 1920, ch. 91, §429, 41 Stat. 492; Sept. 18, 1940, ch. 722, §11(a)(6), 54 Stat. 912.
	49:305(g) (less proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §205(g) (less proviso); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 550; Sept. 18, 1940, ch. 722, §20(c)(2), 54 Stat. 922.
	49:916(b) (related to action by private person).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §316(b) (related to action by private person); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946.
	49:1017(b)(1) (related to action by private person).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §417(b)(1) (related to action by private person); added May 16, 1942, ch. 318, §1, 56 Stat. 297; Aug. 7, 1942, ch. 552, §2, 56 Stat. 746; Sept. 6, 1965, Pub. L. 89–170, §5, 79 Stat. 650.
11705(b)(1)	49:16(3)(c), (g).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §16(3)(c), (g); added June 29, 1906, ch. 3591, §5, 34 Stat. 590; June 18, 1910, ch. 309, §13, 36 Stat. 554; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Feb. 28, 1920, ch. 91, §424, 41 Stat. 491; restated June 7, 1924, ch. 325, §1, 43 Stat. 633; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Sept. 18, 1940, ch. 722, §11(a)(2)–(5), 54 Stat. 912; Aug. 26, 1958, Pub. L. 85–762, §1(1), (2), 72 Stat. 859.
	49:304a(6).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §204a(5), (6); added June 29, 1949, ch. 272, §1, 63 Stat. 280; Aug. 26, 1958, Pub. L. 85–762, §1(3), (4), 72 Stat. 860; Sept. 6, 1965, Pub. L. 89–170, §6(b), 79 Stat. 651.
	49:908(f)(4).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §308(f)(4); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 941; June 29, 1949, ch. 272, §§3(a), 4, 63 Stat. 281; Aug. 26, 1958, Pub. L. 85–762, §1(5), (6), 72 Stat. 860.
	49:1006a(6).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §406a(5), (6); added June 29, 1949, ch. 272, §5, 63 Stat. 282; Sept. 6, 1965, Pub. L. 89–170, §7, 79 Stat. 651.
11705(b)(2)	49:8 (less words after 9th comma).	Feb. 4, 1887, ch. 104, §8, 24 Stat. 382; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543.
	49:908(a), (b) (less words after 9th comma).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §308(a)–(e), (g); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 940; June 29, 1949, ch. 272, §§2, 3, 63 Stat. 281.
11705(b)(3)	49:304a(5) (less words between 1st and 2d commas). 49:1006a(5) (less words between 1st and 2d commas).
11705(c)(1)	49:9.	Feb. 4, 1887, ch. 104, §9, 24 Stat. 382; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Oct. 15, 1970, Pub. L. 91–452, §243(a), 84 Stat. 931.
	49:304a(5) (words between 1st and 2d commas). 49:908(c). 49:1006a(5) (words between 1st and 2d commas).
11705(c)(2)	49:16(1), (2) (1st sentence related to bringing civil action).	Feb. 4, 1887, ch. 104, §16(1), (2), 24 Stat. 384; Mar. 2, 1889, ch. 382, §5, 25 Stat. 859; June 29, 1906, ch. 3591, §5, 34 Stat. 590; restated June 18, 1910, ch. 309, §13, 36 Stat. 554; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Oct. 22, 1913, ch. 32, §1, 38 Stat. 219; Feb. 28, 1920, ch. 91, §§423, 424, 429, 41 Stat. 491, 492; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Sept. 18, 1940, ch. 722, §11(a)(1), 54 Stat. 912.
	49:305(g) (less proviso). 49:908(d), (e) (1st sentence related to bringing action).
	49:1017(a).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §417(a); added May 16, 1942, ch. 318, §1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91–452, §243(c), 84 Stat. 931.
11705(d)(1)	49:16(2) (less 1st sentence related to bringing action and less last sentence).
	49:908(e) (less 1st sentence related to bringing action and less last sentence).
11705(d)(2)	49:16(4).	Feb. 4, 1887, ch. 104, 24 Stat. 379, §16(4); added June 29, 1906, ch. 3591, §5, 34 Stat. 590; restated June 18, 1910, ch. 309, §13, 36 Stat. 554; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Oct. 22, 1913, ch. 32, §1, 38 Stat. 219; Feb. 28, 1920, ch. 91, §425, 41 Stat. 492; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543.
11705(d)(3)	49:908(g).
	49:8 (words after 9th comma).
	49:16(2) (last sentence).
	49:908(b) (words after 9th comma), (e) (last sentence).

The section restates and consolidates the source provisions for clarity. The text of 49:305(g) (less proviso) is omitted as unnecessary.

In subsection (a), the word “person” is substituted for “party” for clarity. The words “while the same is in effect” in 49:16(12) are omitted as surplus. Changes made to conform to section 11702 of the revised title are explained in the reviser's notes to that section.

Subsection (b)(1) is derived from the source provisions and is stated separately for clarity.

In subsection (b)(2), the words “an act or omission of that carrier in violation of this subtitle” are substituted for “shall do, cause to be done, or permit to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter required to be done” for clarity. The words “full amount” are omitted as surplus. The words “as a result” are substituted for “in consequence of” for clarity. The words “of any such violation of the provisions of this chapter” are omitted as unnecessary in view of the restatement. The text of 49:908(a) is omitted as unnecessary in view of the restatement.

In subsection (b)(3), the definition of “reparations” is omitted as unnecessary. The word “damages” is substituted for “reparations” for clarity. The words “to be in violation of this subtitle” are substituted for “to have been unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial” for clarity in view of the restatement. See the revision note to section 10101 of the revised title.

In subsection (c)(1), the words “claiming to be damaged” are omitted as surplus. The words “under section 11701(b) of this title” are substituted for “as hereinafter provided for” as being more precise. The words “civil action” are substituted for “suit” in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words “in his or their own behalf” are omitted as surplus. The words “in any district court of the United States of competent jurisdiction” are omitted as unnecessary in view of section 1337 of title 28. The words “and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt” in 49:9 are omitted as surplus. The last sentence of 49:9 is omitted as unnecessary in view of title 28. The words “a proceeding under section 10704 or 10705” are substituted for “as provided in section 316(e)” for clarity.

In subsection (c)(2), the words “after hearing on complaint” in 49:16(1) are omitted as unnecessary in view of subchapter II of chapter 5 of title 5. The words “When the Commission makes an award under subsection (b) of this section, the Commission shall order the carrier to pay the amount awarded” are inserted for clarity. The words “by a specific date” and “by the date payment was ordered to be made” are substituted for “on or before a day named” for clarity. The words “may bring a civil action” are substituted for “may file . . . a complaint setting forth briefly the causes for which he claims damages” in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.).

In subsection (d)(2), the words “Trial in the action is in the judicial district” are added for clarity. The words “Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages” are omitted as surplus. The words “except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated” are omitted as unnecessary in view of section 10310(a) of the revised title in which 49:14 is restated.

Amendments

1986—Subsec. (a). Pub. L. 99–521, §12(b)(1), inserted “or a freight forwarder” after “chapter 105 of this title”.

Subsec. (b)(1). Pub. L. 99–521, §12(b)(2), inserted “or a freight forwarder” after “chapter 105 of this title” and inserted “or the applicable freight forwarder rate, as the case may be” after “chapter 107 of this title”.

Subsec. (b)(3). Pub. L. 99–521, §12(b)(3), inserted “or a freight forwarder” after “chapter 105 of this title”.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Section Referred to in Other Sections

This section is referred to in section 11706 of this title.