46 U.S.C. § 41310 — Charge complaints
submitted 4 years ago by Pub. L. 117-146 to r/title-46-SHIPPING · 286 words · no verdicts yet
A person can submit a complaint to the Federal Maritime Commission about charges a common carrier assessed, including detention or demurrage fees. The Commission must investigate, and the carrier must prove its charges were reasonable. If a charge violates the law, the Commission must order a refund and can also impose a civil penalty.
(a) Submitting a complaint. A person may submit information to the Federal Maritime Commission about complaints regarding charges a common carrier* assessed, and the Commission must accept it. The submission must include bill of lading numbers and invoices, and may include other relevant information.
(b) Investigation. After getting a submission under subsection (a) about a common carrier's charge, the Commission must promptly investigate whether it complies with sections 41104(a) and 41102. The common carrier (1) must get a chance to submit more information about the charge, and (2) bears the burden of proving any demurrage or detention charge was reasonable under 46 CFR 545.5 or its successor rule.
(c) Refunds. If, after a submission under subsection (a), the Commission finds a charge does not comply with section 41104(a) or 41102, the Commission must promptly order a refund of what was paid.
(d) Penalties. If the Commission finds a charge does not comply after a subsection (a) submission, a civil penalty under section 41107 applies to the carrier that charged it.
(e) Special consideration for non-vessel*-operating carriers. If the carrier assessing the charge is a non-vessel-operating common carrier*, the Commission, while investigating under subsection (b), must consider (1) whether that carrier is responsible, in whole or part, for the noncompliant charge, and (2) whether another party is also responsible and could face action under subsections (c) and (d).
A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier*. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information.
Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—
be provided an opportunity to submit additional information related to the charge in question; and
bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations).
Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.
In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.
If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier*, the Commission shall, while conducting an investigation under subsection (b), consider—
whether the non-vessel*-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and
whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).
Source credit: (Added Pub. L. 117–146, § 10(a), June 16, 2022, 136 Stat. 1278.)
- 2022Enacted · Pub. L. 117-146 · 136 Stat. 1278
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-146 on 2022-06-16.
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