H. R. 2539—99
‘‘(b) ACTS BURDENING INTERSTATE COMMERCE.—The following
acts unreasonably burden and discriminate against interstate com-
merce and a State, subdivision of a State, or authority acting
for a State or subdivision of a State may not do any of them:
‘‘(1) EXCESSIVE VALUATION OF PROPERTY.—Assess motor car-
rier transportation property at a value that has a higher ratio
to the true market value of the motor carrier transportation
property than the ratio that the assessed value of other commer-
cial and industrial property in the same assessment jurisdiction
has to the true market value of the other commercial and
industrial property.
‘‘(2) TAX
ON
ASSESSMENT.—Levy or collect a tax on an
assessment that may not be made under paragraph (1).
‘‘(3) AD VALOREM TAX.—Levy or collect an ad valorem prop-
erty tax on motor carrier transportation property at a tax
rate that exceeds the tax rate applicable to commercial and
industrial property in the same assessment jurisdiction.
‘‘(c) JURISDICTION.—
‘‘(1) IN GENERAL.—Notwithstanding section 1341 of title
28 and without regard to the amount in controversy or citizen-
ship of the parties, a district court of the United States has
jurisdiction, concurrent with other jurisdiction of courts of the
United States and the States, to prevent a violation of sub-
section (b) of this section.
‘‘(2) LIMITATION IN RELIEF.—Relief may be granted under
this subsection only if the ratio of assessed value to true market
value of motor carrier transportation property exceeds, by at
least 5 percent, the ratio of assessed value to true market
value of other commercial and industrial property in the same
assessment jurisdiction.
‘‘(3) BURDEN OF PROOF.—The burden of proof in determin-
ing assessed value and true market value is governed by State
law.
‘‘(4) VIOLATION.—If the ratio of the assessed value of other
commercial and industrial property in the assessment jurisdic-
tion to the true market value of all other commercial and
industrial property cannot be determined to the satisfaction
of the district court through the random-sampling method
known as a sales assessment ratio study (to be carried out
under statistical principles applicable to such a study), the
court shall find, as a violation of this section—
‘‘(A) an assessment of the motor carrier transportation
property at a value that has a higher ratio to the true
market value of the motor carrier transportation property
than the assessment value of all other property subject
to a property tax levy in the assessment jurisdiction has
to the true market value of all such other property; and
‘‘(B) the collection of ad valorem property tax on the
motor carrier transportation property at a tax rate that
exceeds the tax ratio rate applicable to taxable property
in the taxing district.
‘‘§ 14503. Withholding State and local income tax by certain
carriers
‘‘(a) SINGLE STATE TAX WITHHOLDING.—
‘‘(1) IN GENERAL.—No part of the compensation paid by
a motor carrier providing transportation subject to jurisdiction
H. R. 2539—100
under subchapter I of chapter 135 or by a motor private carrier
to an employee who performs regularly assigned duties in 2
or more States as such an employee with respect to a motor
vehicle shall be subject to the income tax laws of any State
or subdivision of that State, other than the State or subdivision
thereof of the employee’s residence.
‘‘(2) EMPLOYEE
DEFINED.—In this subsection, the term
‘employee’ has the meaning given such term in section 31132.
‘‘(b) SPECIAL RULES.—
‘‘(1) CALCULATION
OF
EARNINGS.—In this subsection, an
employee is deemed to have earned more than 50 percent
of pay in a State or subdivision of that State in which the
time worked by the employee in the State or subdivision is
more than 50 percent of the total time worked by the employee
while employed during the calendar year.
‘‘(2) WATER CARRIERS.—A water carrier providing transpor-
tation subject to jurisdiction under subchapter II of chapter
135 shall file income tax information returns and other reports
only with—
‘‘(A) the State and subdivision of residence of the
employee (as shown on the employment records of the
carrier); and
‘‘(B) the State and subdivision in which the employee
earned more than 50 percent of the pay received by the
employee from the carrier during the preceding calendar
year.
‘‘(3) APPLICABILITY
TO
SAILORS.—This subsection applies
to pay of a master, officer, or sailor who is a member of
the crew on a vessel engaged in foreign, coastwise, intercoastal,
or noncontiguous trade or in the fisheries of the United States.
‘‘(c) FILING OF INFORMATION.—A motor and motor private car-
rier withholding pay from an employee under subsection (a) of
this section shall file income tax information returns and other
reports only with the State and subdivision of residence of the
employee.
‘‘§ 14504. Registration of motor carriers by a State
‘‘(a) DEFINITIONS.—In this section, the terms ‘standards’ and
‘amendments to standards’ mean the specification of forms and
procedures required by regulations of the Secretary to prove the
lawfulness of transportation by motor carrier referred to in section
13501.
‘‘(b) GENERAL RULE.—The requirement of a State that a motor
carrier, providing transportation subject to jurisdiction under sub-
chapter I of chapter 135 and providing transportation in that State,
must register with the State is not an unreasonable burden on
transportation referred to in section 13501 when the State registra-
tion is completed under standards of the Secretary under subsection
(c). When a State registration requirement imposes obligations in
excess of the standards of the Secretary, the part in excess is
an unreasonable burden.
‘‘(c) SINGLE STATE REGISTRATION SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary shall maintain standards
for implementing a system under which—
‘‘(A) a motor carrier is required to register annually
with only one State by providing evidence of its Federal
registration under chapter 139;
H. R. 2539—101
‘‘(B) the State of registration shall fully comply with
standards prescribed under this section; and
‘‘(C) such single State registration shall be deemed
to satisfy the registration requirements of all other States.
‘‘(2) SPECIFIC REQUIREMENTS.—
‘‘(A) EVIDENCE OF FEDERAL REGISTRATION; PROOF OF
INSURANCE; PAYMENT OF FEES.—Under the standards of
the Secretary implementing the single State registration
system described in paragraph (1) of this subsection, only
a State acting in its capacity as registration State under
such single State system may require a motor carrier reg-
istered by the Secretary under this part—
‘‘(i) to file and maintain evidence of such Federal
registration;
‘‘(ii) to file satisfactory proof of required insurance
or qualification as a self-insurer;
‘‘(iii) to pay directly to such State fee amounts
in accordance with the fee system established under
subparagraph (B)(iv) of this paragraph, subject to
allocation of fee revenues among all States in which
the carrier operates and which participate in the single
State registration system; and
‘‘(iv) to file the name of a local agent for service
of process.
‘‘(B) RECEIPTS; FEE SYSTEM.—The standards of the Sec-
retary—
‘‘(i) shall require that the registration State issue
a receipt, in a form prescribed under the standards,
reflecting that the carrier has filed proof of insurance
as provided under subparagraph (A)(ii) of this para-
graph and has paid fee amounts in accordance with
the fee system established under clause (iv) of this
subparagraph;
‘‘(ii) shall require that copies of the receipt issued
under clause (i) of this subparagraph be kept in each
of the carrier’s commercial motor vehicles;
‘‘(iii) shall not require decals, stamps, cab cards,
or any other means of registering or identifying specific
vehicles operated by the carrier;
‘‘(iv) shall establish a fee system for the filing
of proof of insurance as provided under subparagraph
(A)(ii) of this paragraph that—
‘‘(I) is based on the number of commercial
motor vehicles the carrier operates in a State and
on the number of States in which the carrier oper-
ates;
‘‘(II) minimizes the costs of complying with
the registration system; and
‘‘(III) results in a fee for each participating
State that is equal to the fee, not to exceed $10
per vehicle, that such State collected or charged
as of November 15, 1991; and
‘‘(v) shall not authorize the charging or collection
of any fee for filing and maintaining evidence of Fed-
eral registration under subparagraph (A)(i) of this
paragraph.
H. R. 2539—102
‘‘(C) PROHIBITED FEES.—The charging or collection of
any fee under this section that is not in accordance with
the fee system established under subparagraph (B)(iv) of
this paragraph shall be deemed to be a burden on interstate
commerce.
‘‘(D) LIMITATION ON PARTICIPATION BY STATES.—Only
a State which, as of January 1, 1991, charged or collected
a fee for a vehicle identification stamp or number under
part 1023 of title 49, Code of Federal Regulations, shall
be eligible to participate as a registration State under
this subsection or to receive any fee revenue under this
subsection.
‘‘§ 14505. State tax
‘‘A State or political subdivision thereof may not collect or
levy a tax, fee, head charge, or other charge on—
‘‘(1) a passenger traveling in interstate commerce by motor
carrier;
‘‘(2) the transportation of a passenger traveling in interstate
commerce by motor carrier;
‘‘(3) the sale of passenger transportation in interstate com-
merce by motor carrier; or
‘‘(4) the gross receipts derived from such transportation.
‘‘CHAPTER 147—ENFORCEMENT;
INVESTIGATIONS; RIGHTS; REMEDIES
‘‘Sec.
‘‘14701. General authority.
‘‘14702. Enforcement by the regulatory authority.
‘‘14703. Enforcement by the Attorney General.
‘‘14704. Rights and remedies of persons injured by carriers or brokers.
‘‘14705. Limitation on actions by and against carriers.
‘‘14706. Liability of carriers under receipts and bills of lading.
‘‘14707. Private enforcement of registration requirement.
‘‘14708. Dispute settlement program for household goods carriers.
‘‘14709. Tariff reconciliation rules for motor carriers of property.
‘‘§ 14701. General authority
‘‘(a) 
INVESTIGATIONS.—The 
Secretary 
or 
the 
Board, 
as
applicable, may begin an investigation under this part on the Sec-
retary’s or the Board’s own initiative or on complaint. If the Sec-
retary or Board, as applicable, finds that a carrier or broker is
violating this part, the Secretary or Board, as applicable, shall
take appropriate action to compel compliance with this part. If
the Secretary finds that a foreign motor carrier or foreign motor
private carrier is violating chapter 139, the Secretary shall take
appropriate action to compel compliance with that chapter. The
Secretary or Board, as applicable, may take action under this sub-
section only after giving the carrier or broker notice of the investiga-
tion and an opportunity for a proceeding.
‘‘(b) COMPLAINTS.—A person, including a governmental author-
ity, may file with the Secretary or Board, as applicable, a complaint
about a violation of this part by a carrier providing, or broker
for, transportation or service subject to jurisdiction under this part
or a foreign motor carrier or foreign motor private carrier providing
transportation registered under section 13902 of this title. The
complaint must state the facts that are the subject of the violation.
The Secretary or Board, as applicable, may dismiss a complaint
H. R. 2539—103
that it determines does not state reasonable grounds for investiga-
tion and action.
‘‘(c) DEADLINE.—A formal investigative proceeding begun by
the Secretary or Board under subsection (a) of this section is dis-
missed automatically unless it is concluded with administrative
finality by the end of the 3d year after the date on which it
was begun.
‘‘§ 14702. Enforcement by the regulatory authority
‘‘(a) IN GENERAL.—The Secretary or the Board, as applicable,
may bring a civil action—
‘‘(1) to enforce section 14103 of this title; or
‘‘(2) to enforce this part, or a regulation or order of the
Secretary or Board, as applicable, when violated by a carrier
or broker providing transportation or service subject to jurisdic-
tion under subchapter I or III of chapter 135 of this title
or by a foreign motor carrier or foreign motor private carrier
providing transportation registered under section 13902 of this
title.
‘‘(b) VENUE.—In a civil action under subsection (a)(2) of this
section—
‘‘(1) trial is in the judicial district in which the carrier,
foreign motor carrier, foreign motor private carrier, or broker
operates;
‘‘(2) process may be served without regard to the territorial
limits of the district or of the State in which the action is
instituted; and
‘‘(3) a person participating with a carrier or broker in
a violation may be joined in the civil action without regard
to the residence of the person.
‘‘(c) STANDING.—The Board, through its own attorneys, may
bring or participate in any civil action involving motor carrier
undercharges.
‘‘§ 14703. Enforcement by the Attorney General
‘‘The Attorney General may, and on request of either the Sec-
retary or the Board shall, bring court proceedings—
‘‘(1) to enforce this part or a regulation or order of the
Secretary or Board or terms of registration under this part;
and
‘‘(2) to prosecute a person violating this part or a regulation
or order of the Secretary or Board or term of registration
under this part.
‘‘§ 14704. Rights and remedies of persons injured by carriers
or brokers
‘‘(a) IN GENERAL.—
‘‘(1) ENFORCEMENT OF ORDER.—A person injured because
a carrier or broker providing transportation or service subject
to jurisdiction under chapter 135 does not obey an order of
the Secretary or the Board, as applicable, under this part,
except an order for the payment of money, may bring a civil
action to enforce that order under this subsection. A person
may bring a civil action for injunctive relief for violations of
sections 14102 and 14103.
‘‘(2) DAMAGES FOR VIOLATIONS.—A carrier or broker provid-
ing transportation or service subject to jurisdiction under chap-
H. R. 2539—104
ter 135 is liable for damages sustained by a person as a result
of an act or omission of that carrier or broker in violation
of this part.
‘‘(b) LIABILITY AND DAMAGES FOR EXCEEDING TARIFF RATE.—
A carrier providing transportation or service subject to jurisdiction
under chapter 135 is liable to a person for amounts charged that
exceed the applicable rate for transportation or service contained
in a tariff in effect under section 13702.
‘‘(c) ELECTION.—
‘‘(1) COMPLAINT TO DOT OR BOARD; CIVIL ACTION.—A person
may file a complaint with the Board or the Secretary, as
applicable, under section 14701(b) or bring a civil action under
subsection (b) to enforce liability against a carrier or broker
providing transportation or service subject to jurisdiction under
chapter 135.
‘‘(2) ORDER OF DOT OR BOARD.—
‘‘(A) IN GENERAL.—When the Board or Secretary, as
applicable, makes an award under subsection (b) of this
section, the Board or Secretary, as applicable, shall order
the carrier to pay the amount awarded by a specific date.
The Board or Secretary, as applicable, may order a carrier
or broker providing transportation or service subject to
jurisdiction under chapter 135 to pay damages only when
the proceeding is on complaint.
‘‘(B) ENFORCEMENT BY CIVIL ACTION.—The person for
whose benefit an order of the Board or Secretary requiring
the payment of money is made may bring a civil action
to enforce that order under this paragraph if the carrier
or broker does not pay the amount awarded by the date
payment was ordered to be made.
‘‘(d) PROCEDURE.—
‘‘(1) IN
GENERAL.—When a person begins a civil action
under subsection (b) of this section to enforce an order of
the Board or Secretary requiring the payment of damages by
a carrier or broker providing transportation or service subject
to jurisdiction under chapter 135 of this title, the text of the
order of the Board or Secretary must be included in the com-
plaint. In addition to the district courts of the United States,
a State court of general jurisdiction having jurisdiction of the
parties has jurisdiction to enforce an order under this para-
graph. The findings and order of the Board or Secretary are
competent evidence of the facts stated in them. Trial in a
civil action brought in a district court of the United States
under this paragraph is in the judicial district in which the
plaintiff resides or in which the principal operating office of
the carrier or broker is located. In a civil action under this
paragraph, the plaintiff is liable for only those costs that accrue
on an appeal taken by the plaintiff.
‘‘(2) PARTIES.—All parties in whose favor the award was
made may be joined as plaintiffs in a civil action brought
in a district court of the United States under this subsection
and all the carriers that are parties to the order awarding
damages may be joined as defendants. Trial in the action is
in the judicial district in which any one of the plaintiffs could
bring the action against any one of the defendants. Process
may be served on a defendant at its principal operating office
when that defendant is not in the district in which the action
H. R. 2539—105
is brought. A judgment ordering recovery may be made in
favor of any of those plaintiffs against the defendant found
to be liable to that plaintiff.
‘‘(e) ATTORNEY’S FEES.—The district court shall award a reason-
able attorney’s fee under this section. The district court shall tax
and collect that fee as part of the costs of the action.
‘‘§ 14705. Limitation on actions by and against carriers
‘‘(a) IN GENERAL.—A carrier providing transportation or service
subject to jurisdiction under chapter 135 must begin a civil action
to recover charges for transportation or service provided by the
carrier within 18 months after the claim accrues.
‘‘(b) OVERCHARGES.—A person must begin a civil action to
recover overcharges within 18 months after the claim accrues. If
the claim is against a carrier providing transportation subject to
jurisdiction under chapter 135 and an election to file a complaint
with the Board or Secretary, as applicable, is made under section
14704(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
or Secretary, as applicable, to recover damages under section
14704(b) within 2 years after the claim accrues.
‘‘(d) EXTENSIONS.—The limitation periods under subsection (b)
of this section 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 subsections (b) and (c) of this section 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 or Secretary against a carrier within 1
year after the date of the order.
‘‘(f) GOVERNMENT TRANSPORTATION.—This section applies to
transportation for the United States Government. The time limita-
tions under this section are extended, as related to transportation
for or on behalf of the United States Government, for 3 years
from the later of 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.
‘‘(g) ACCRUAL DATE.—A claim related to a shipment of property
accrues under this section on delivery or tender of delivery by
the carrier.
‘‘§ 14706. Liability of carriers under receipts and bills of
lading
‘‘(a) GENERAL LIABILITY.—
‘‘(1) MOTOR CARRIERS AND FREIGHT FORWARDERS.—A carrier
providing transportation or service subject to jurisdiction under
subchapter I or III of chapter 135 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
H. R. 2539—106
the property and is providing transportation or service subject
to jurisdiction under subchapter I or III of chapter 135 or
chapter 105 are liable to the person entitled to recover under
the receipt or bill of lading. The liability imposed under this
paragraph is for the actual loss or injury to the property caused
by (A) the receiving carrier, (B) the delivering carrier, or (C)
another carrier over whose line or route the property is trans-
ported in the United States or from a place in the United
States to a place in an adjacent foreign country when trans-
ported under a through bill of lading and, except in the case
of a freight forwarder, applies to property reconsigned or
diverted under a tariff under section 13702. Failure to issue
a receipt or bill of lading does not affect the liability of a
carrier. A delivering carrier is deemed to be the carrier perform-
ing the line-haul transportation nearest the destination but
does not include a carrier providing only a switching service
at the destination.
‘‘(2) FREIGHT FORWARDER.—A freight forwarder is both the
receiving and delivering carrier. When a freight forwarder pro-
vides service and uses a motor carrier providing transportation
subject to jurisdiction under subchapter I of chapter 135 to
receive property from a consignor, the motor carrier may exe-
cute the bill of lading or shipping receipt for the freight for-
warder with its consent. With the consent of the freight
forwarder, a motor carrier may deliver property for a freight
forwarder on the freight forwarder’s bill of lading, freight bill,
or shipping receipt to the consignee named in it, and receipt
for the property may be made on the freight forwarder’s delivery
receipt.
‘‘(b) APPORTIONMENT.—The carrier issuing the receipt or bill
of lading under subsection (a) of this section 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) SPECIAL RULES.—
‘‘(1) MOTOR CARRIERS.—
‘‘(A) SHIPPER
WAIVER.—Subject to the provisions of
subparagraph (B), a carrier providing transportation or
service subject to jurisdiction under subchapter I or III
of chapter 135 may, subject to the provisions of this chapter
(including with respect to a motor carrier, the requirements
of section 13710(a)), establish rates for the transportation
of property (other than household goods described in section
13102(10)(A)) under which the liability of the carrier for
such property is limited to a value established by written
or electronic declaration of the shipper or by written agree-
ment between the carrier and shipper if that value would
be reasonable under the circumstances surrounding the
transportation.
‘‘(B) CARRIER NOTIFICATION.—If the motor carrier is
not required to file its tariff with the Board, it shall provide
under section 13710(a)(1) to the shipper, on request of
the shipper, a written or electronic copy of the rate, classi-
fication, rules, and practices upon which any rate applicable
H. R. 2539—107
to a shipment, or agreed to between the shipper and the
carrier, is based. The copy provided by the carrier shall
clearly state the dates of applicability of the rate, classifica-
tion, rules, or practices.
‘‘(C) PROHIBITION
AGAINST
COLLECTIVE
ESTABLISH-
MENT.—No discussion, consideration, or approval as to
rules to limit liability under this subsection may be under-
taken by carriers acting under an agreement approved
pursuant to section 13703.
‘‘(2) WATER CARRIERS.—If loss or injury to property occurs
while it is in the custody of a water carrier, the liability of
that carrier is determined by its bill of lading and the law
applicable to water transportation. The liability of the initial
or delivering carrier is the same as the liability of the water
carrier.
‘‘(d) CIVIL ACTIONS.—
‘‘(1) AGAINST DELIVERING CARRIER.—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.
‘‘(2) AGAINST
CARRIER
RESPONSIBLE
FOR
LOSS.—A civil
action under this section may be brought against the carrier
alleged to have caused the loss or damage, in the judicial
district in which such loss or damage is alleged to have
occurred.
‘‘(3) JURISDICTION OF COURTS.—A civil action under this
section may be brought in a United States district court or
in a State court.
‘‘(4) JUDICIAL DISTRICT DEFINED.—In this section, ‘judicial
district’ means—
‘‘(A) in the case of a United States district court, a
judicial district of the United States; and
‘‘(B) in the case of a State court, the applicable
geographic area over which such court exercises jurisdic-
tion.
‘‘(e) MINIMUM PERIOD FOR FILING CLAIMS.—
‘‘(1) IN GENERAL.—A carrier may not provide by rule, con-
tract, 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.
‘‘(2) SPECIAL RULES.—For the purposes of this subsection—
‘‘(A) an offer of compromise shall not constitute a dis-
allowance 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
‘‘(B) 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 reason for