49 U.S.C. § 15905 — Limitation on actions by and against pipeline carriers

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 374 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets deadlines for lawsuits and complaints involving pipeline carriers: generally three years to sue over charges or overcharges, two years to claim damages, and one year to enforce a Board order to pay money. Certain events — like a written notice of a disallowed claim, or the carrier itself suing or collecting — can extend these deadlines.

(a) In General: A pipeline carrier must sue to collect unpaid transportation or service charges within three years after the claim arises. (b) Overcharges: A person must sue to recover an overcharge under section 15904(b)(1) within three years after the claim arises. If that person instead chooses to file a complaint with the Board under section 15904(c)(1), the complaint must be filed within that same three years. (c) Damages: A person must file a complaint with the Board to recover damages under section 15904(b)(2) within two years after the claim arises. (d) Extensions: The three-year deadlines in (b) are extended six months from the date the carrier gives written notice disallowing part of a claim — but only if the person gave the carrier a written claim within the original deadline. The deadlines in (b), and the two-year deadline in (c), are also extended 90 days from when the carrier either sues under (a) over the same transportation, or collects the charge without suing — as long as that lawsuit or collection happens within the applicable deadline. (e) Payment: A person must sue to enforce a Board order requiring a carrier to pay money within one year after the date that payment was due. (f) Government Transportation: This section's deadlines also apply to transportation for the United States Government. For government transportation, those deadlines are extended three years from whichever comes later: (1) payment of the rate, (2) a later refund for an overpayment of that rate, or (3) a deduction made under section 3726 of title 31. (g) Accrual Date: For a shipment of property, the claim's clock starts running on the date the carrier delivers, or offers to deliver, the property.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

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)Overcharges.—

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)Damages.—

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)Extensions.—

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)Payment.—

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)Government Transportation.—

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,

whichever is later.

(g)Accrual Date.—

A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier.

Source credit: (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 928.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-88 · 109 Stat. 928

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

all 0 arguments · sorted by: best

no arguments yet — make the first case