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49 U.S.C. § 13710Additional billing and collecting practices

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 464 words · no verdicts yet

in plain englishAI-generated · not legal advice

Shippers can ask motor carriers for the rate basis behind their charges. The Board decides billing disputes when either the carrier or the shipper challenges a bill within 180 days, and some old tariffs are automatically void.

(a) Miscellaneous Provisions. (1) Information relating to basis of rate: A motor carrier of property, other than one moving noncontiguous domestic trade, must — if the shipper asks — give the shipper a written or electronic copy of the rate, classification, rules, and practices behind any rate that applies to its shipment or that the shipper and carrier agreed on. (2) Reasonableness of rates; collecting additional charges: If the person paying the freight charges challenges whether a motor carrier's billed rates and related terms are reasonable, the Board must decide whether they're reasonable under section 13701 or otherwise apply, based on the record. (3) Billing disputes: (A) Initiated by motor carriers: If a motor carrier, other than one moving household goods or noncontiguous domestic trade, wants to collect extra charges the payer disputes, the carrier may ask the Board to decide whether those extra charges must be paid. A carrier must send any bill for extra charges within 180 days of the original bill, or lose the right to collect them. (B) Initiated by shippers: If a shipper wants to dispute the original bill or a later bill for extra charges, the shipper may ask the Board to decide whether the charges must be paid. A shipper must dispute a bill within 180 days of receiving it, or lose the right to contest it. (4) Voiding of certain tariffs: Any tariff on file with the Interstate Commerce Commission on August 26, 1994 that wasn't required to be filed after that date became void that day. Any tariff on file on January 1, 1996 that wasn't required to be filed after that date became void that day too. (b) Resolution of Disputes Over Status of Common Carrier or Contract Carrier: If a motor carrier, other than one moving household goods, that used to be under the old subchapter II of chapter 105 as of December 31, 1995, and that had authority to act as both a motor common carrier and a motor contract carrier, has a dispute about whether transportation it provided before January 1, 1996 was as a common carrier or a contract carrier — and the parties can't work it out themselves — the Board must resolve the dispute.
the actual law source: uscode.house.gov ↗public domain
(a)Miscellaneous Provisions.—
(1)Information relating to basis of rate.—

A motor carrier of property (other than a motor carrier providing transportation in noncontiguous domestic trade) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate applicable to its shipment or agreed to between the shipper and carrier is based.

(2)Reasonableness of rates; collecting additional charges.—

When the applicability or reasonableness of the rates and related provisions billed by a motor carrier is challenged by the person paying the freight charges, the Board shall determine whether such rates and provisions are reasonable under section 13701 or applicable based on the record before it.

(3)Billing disputes.—
(A)Initiated by motor carriers.—

In those cases where a motor carrier (other than a motor carrier providing transportation of household goods or in noncontiguous domestic trade) seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the Board determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the receipt of the original bill in order to have the right to collect such charges.

(B)Initiated by shippers.—

If a shipper seeks to contest the charges originally billed or additional charges subsequently billed, the shipper may request that the Board determine whether the charges billed must be paid. A shipper must contest the original bill or subsequent bill within 180 days of receipt of the bill in order to have the right to contest such charges.

(4)Voiding of certain tariffs.—

Any tariff on file with the Interstate Commerce Commission on August 26, 1994, and not required to be filed after that date is null and void beginning on that date. Any tariff on file with the Interstate Commerce Commission on January 1, 1996, and not required to be filed after that date is null and void beginning on that date.

(b)Resolution of Disputes Over Status of Common Carrier or Contract Carrier.—

If a motor carrier (other than a motor carrier providing transportation of household goods) that was subject to jurisdiction under subchapter II of chapter 105, as in effect on December 31, 1995, and that had authority to provide transportation as both a motor common carrier and a motor contract carrier and a dispute arises as to whether certain transportation that was provided prior to January 1, 1996, was provided in its common carrier or contract carrier capacity and the parties are not able to resolve the dispute consensually, the Board shall resolve the dispute.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 876; amended Pub. L. 104–287, § 5(30), Oct. 11, 1996, 110 Stat. 3391.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 876
  • 1996Amended · Pub. L. 104-287 · 110 Stat. 3391

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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