49 U.S.C. § 15906 — Liability of pipeline carriers under receipts and bills of lading

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 478 words · no verdicts yet

in plain englishAI-generated · not legal advice

A pipeline carrier must issue a receipt or bill of lading for property it transports, and it — along with any carrier that delivers the property — is liable for actual loss or damage that happens on its route. A carrier that pays a claim can recover from whichever carrier's route caused the loss. Carriers cannot set claim deadlines shorter than 9 months, or lawsuit deadlines shorter than 2 years.

(a) General Liability: A pipeline carrier must give a receipt or bill of lading for property it agrees to transport. That carrier, and any other carrier that delivers the property and is covered by this part, are both liable to whoever is entitled to recover under that receipt or bill of lading. This liability covers the actual loss or damage caused by whichever carrier's route the property traveled on, whether entirely within the United States or from the United States to a nearby foreign country under one continuous bill of lading. Even if a carrier fails to issue a receipt or bill of lading, it is still liable. (b) Apportionment: Whichever carrier issued the receipt or bill of lading — or delivered the property covered by it — can recover from the carrier whose route actually caused the loss or damage. That recovery covers both the amount paid to the property's owners (as shown by a receipt, judgment, or transcript) and the reasonable cost of defending any lawsuit the owner brought. (c) Civil Actions: A lawsuit under this section can be brought against the delivering carrier in either a federal district court or a state court. It must be tried in the district or state where the carrier being sued actually operates a line or route. (d) Minimum Period for Filing Claims: A carrier cannot set, by rule, contract, or otherwise, a deadline of less than 9 months for filing a claim, or less than 2 years for filing a lawsuit, under this section. The 2-year lawsuit deadline starts running from the date the carrier gives written notice that it has disallowed part of the claim. For this purpose: (1) an offer to settle does not count as disallowing the claim unless the carrier says in writing that part of the claim is disallowed and explains why; and (2) a message from the carrier's insurance company does not count as disallowing the claim unless the insurer says in writing that part of the claim is disallowed, explains why, and states that it is acting on the carrier's behalf.

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

(a)General Liability.—

A pipeline carrier providing transportation or service subject to this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That carrier and any other carrier that delivers the property and is providing transportation or service subject to jurisdiction under this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported under a through bill of lading. Failure to issue a receipt or bill of lading does not affect the liability of a carrier.

(b)Apportionment.—

The carrier issuing the receipt or bill of lading under subsection (a) or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that person.

(c)Civil Actions.—

A civil action under this section may be brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State, through which the defendant carrier operates a line or route.

(d)Minimum Period for Filing Claims.—

A pipeline carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. For the purposes of this subsection—

(1)

an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and

(2)

communications received from a carrier’s insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.

Source credit: (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 929.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-88 · 109 Stat. 929

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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