2012 US Code
Title 49 - Transportation
Subtitle IV - INTERSTATE TRANSPORTATION (§§ 10101 - 16106)
Part B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS (§§ 13101 - 14916)
Chapter 137 - RATES AND THROUGH ROUTES (§§ 13701 - 13713)
Section 13709 - Procedures for resolving claims involving unfiled, negotiated transportation rates
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS CHAPTER 137 - RATES AND THROUGH ROUTES Sec. 13709 - Procedures for resolving claims involving unfiled, negotiated transportation rates |
Contains | section 13709 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-88, title I, §103, Dec. 29, 1995, 109 Stat. 874; amended Pub. L. 104-287, §5(29), Oct. 11, 1996, 110 Stat. 3391. |
Statutes at Large References | 72 Stat. 384 109 Stat. 874, 804 110 Stat. 3391 |
Public Law References | Public Law 85-536, Public Law 104-88, Public Law 104-287 |
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(a)
(1)
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff.
(2)
(3)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(3)
(4)
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(h)
(1)
(A) if such person qualifies as a small-business concern under the Small Business Act (15 U.S.C. 631 et seq.),
(B) if such person is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or
(C) if the cargo involved in the claim is recyclable materials.
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 874; amended Pub. L. 104–287, §5(29), Oct. 11, 1996, 110 Stat. 3391.)
Historical and Revision Notes Pub. L. 104–287, §5(29)(A)This amends 49:13709(a)(1) and (3) for clarity and consistency.
Pub. L. 104–287, §5(29)(B)This amends 49:13709(e) by setting out the effective date for 49:13709 and for clarity and consistency.
References in TextSubchapter II of chapter 105, referred to in subsec. (a)(1), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Chapter 119, referred to in subsec. (a)(3), was omitted and a new chapter 119 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 849, effective Jan. 1, 1996.
The Small Business Act, referred to in subsec. (h)(1)(A), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1)(B), is classified to section 501 of Title 26, Internal Revenue Code.
Prior ProvisionsProvisions similar to those in this section were contained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments1996—Subsec. (a)(1), (3). Pub. L. 104–287, §5(29)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e). Pub. L. 104–287, §5(29)(B), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before such effective date”.
Abolition of Interstate Commerce CommissionInterstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
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