I
103D CONGRESS
1ST SESSION
H. R. 1710
To amend title 49, United States Code, relating to procedures for resolving
claims involving unfiled, negotiated motor carrier transportation rates,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 7, 1993
Mr. SHUSTER introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To amend title 49, United States Code, relating to proce-
dures for resolving claims involving unfiled, negotiated
motor carrier transportation rates, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Negotiated Rate
Amendments of 1993’’.
SEC. 2. PROCEDURE FOR RESOLVING DISPUTES.
(a) GENERAL RULE.—For purposes of section 10701
of title 49, United States Code, it shall be an unreasonable
practice for a nonhousehold goods motor carrier, a
nonhousehold goods freight forwarder, or a person rep-
resenting such a carrier or freight forwarder (hereinafter
in this section referred to as a ‘‘representative’’) to at-
tempt to charge or to charge for a transportation service
the difference between—
(1) the rate that is lawfully in effect pursuant
to a tariff that is filed in accordance with chapter
107 of such title by the carrier or freight forwarder
and that is applicable to such transportation service,
and
(2) the negotiated rate for such transportation
service,
if the carrier or freight forwarder is no longer transporting
property between places describe in section 10521(a)(1)
of such title or is transporting property between places
described in such section for the purpose of avoiding the
application of this subsection.
(b) JURISDICTION OF THE COMMISSION.—The Com-
mission shall have exclusive jurisdiction to make a deter-
mination of whether or not the attempting to charge or
the charging of a person for a transportation service a
rate by a carrier, freight forwarder, or a representative
is an unreasonable practice under subsection (a). In mak-
ing such a determination, the Commission shall consider—
(1) whether such person was offered a transpor-
tation rate by the carrier or freight forwarder other
than that legally on file with the Commission for
such transportation service,
(2) whether such person tendered freight to the
carrier or freight forwarder in reasonable reliance
upon the offered transportation rate,
(3) whether the carrier or freight forwarder did
not properly or timely file with the Commission a
tariff providing for such transportation rate or failed
to execute a valid contract for such transportation
service,
(4) whether the transportation rate was billed
and collected by the carrier or freight forwarder, and
(5) whether the carrier, freight forwarder, or
representative demands additional payment of a
higher rate filed in a tariff.
(c) STAY OF ADDITIONAL COMPENSATION.—When a
person proceeds under this section to challenge the reason-
ableness of the practice of, or the legally applicable freight
rate or charges being claimed by, a carrier, freight for-
warder, or representative described in subsection (a) in ad-
dition to those already billed and collected, such person
shall not have to pay any additional compensation to such
carrier, freight forwarder, or representative until the Com-
mission has made a determination as to the reasonable-
ness of the challenged rate as applied to the freight of
the person against whom the claim is made.
(d) TREATMENT OF SUBSECTION (a).—Subsection
(a) is enacted as an exception, and shall be treated as an
exception, to the requirement of sections 10761(a) and
10762 of title 49, United States Code, relating to a filed
tariff rate for a transportation or service subject to the
jurisdiction of the Commission and other general tariff re-
quirements.
(e) DEFINITIONS.—For purposes of this section:
(1) COMMISSION, HOUSEHOLD
GOODS, AND
HOUSEHOLD
GOODS
FREIGHT
FORWARDER.—The
terms 
‘‘Commission’’, 
‘‘household 
goods’’, 
and
‘‘household goods freight forwarder’’ have the mean-
ing such terms have under section 10102 of title 49,
United States Code.
(2) NONHOUSEHOLD
GOODS
FREIGHT
FOR-
WARDER.—The term ‘‘nonhousehold goods freight
forwarder’’ means a freight forwarder as defined in
section 10102 of title 49, United States Code, except
that such term does not include a household goods
freight forwarder.
(3) NONHOUSEHOLD GOODS MOTOR CARRIER.—
The term ‘‘nonhousehold goods motor carrier’’
means a motor carrier as defined under section
10102 of title 49, United States Code of property
(other than household goods).
(4) NEGOTIATED RATE.—The term ‘‘negotiated
rate’’ means a rate, charge, classification, or rule
agreed upon by a nonhousehold goods motor carrier
or nonhousehold goods freight forwarder and a ship-
per through negotiations pursuant to which no tariff
was lawfully and timely filed with the Commission
and for which there is written evidence of such
agreement.
SEC. 3. STATUTE OF LIMITATIONS.
(a) MOTOR CARRIER CHARGES.—Section 11706(a)
of title 49, United States Code, is amended by striking
the period at the end and inserting the following: ‘‘; except
that a common carrier providing transportation or service
subject to the jurisdiction of the Commission under chap-
ter 105 of this title—
‘‘(1) must begin, within 24 months after the
claim accrues, a civil action to recover charges for
such transportation or service if such transportation
or service is provided by the carrier on or after the
date of the enactment of this exception and before
the date that is one year after such date of enact-
ment; and
SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CAR-
RIERS OF PROPERTY.
(a) IN GENERAL.—Chapter 117 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 11712. Tariff reconciliation rules for motor com-
mon carriers of property
‘‘(a) MUTUAL CONSENT.—Subject to Commission re-
view and approval, motor carriers subject to the jurisdic-
tion of the Commission under subchapter II of chapter
105 of this title and shippers may resolve, by mutual con-
sent, overcharge and undercharge claims resulting from
incorrect tariff provisions or billing errors arising from the
inadvertent failure to properly and timely file and main-
tain agreed upon rates, rules, or classifications in compli-
ance with sections 10761 and 10762 of this title. Resolu-
tion of such claims among the parties shall not subject
any party to the penalties of chapter 119 of this title.
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall relieve the motor carrier of
the duty to file and adhere to its rates, rules, and classi-
fications as required in sections 10761 and 10762, except
as provided in subsection (a) of this section.
‘‘(c) RULEMAKING PROCEEDING.—Not later than 90
days after the date of the enactment of this section, the
Commission shall institute a proceeding to establish rules
pursuant to which the tariff requirements of sections
10761 and 10762 of this title shall not apply under cir-
cumstances described in subsection (a) of this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 117 of title 49, United States Code, is amended
by adding at the end the following:
‘‘11712. Tariff reconciliation rules for motor common carriers of property.’’.
SEC. 5. CUSTOMER ACCOUNT CODES.
Section 10762 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) CUSTOMER ACCOUNT CODES.—No tariff filed
with the Commission before, on, or after the date of the
enactment of this subsection may be held invalid solely on
the basis that a numerical or alpha account code is used
in such tariff to designate customers or to describe the
applicability of rates. For transportation performed on
and after the 90th day following such date of enactment,
the name of the customer for each account code must be
set forth in the tariff.’’.
SEC. 6. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), this Act (including the amendments made by
this Act) shall take effect on the date of the enactment
of this Act.
(b) EXCEPTION.—Section 2 shall apply to—
(1) any proceeding before the Interstate Com-
merce Commission, and
(2) any court action,
which is pending or commenced on or after the date of
the enactment of this Act.
Æ