dreamproit/uscode huggingface dataset:
49 U.S.C. § 14705 (TRANSPORTATION)
§ 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 limitations 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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 907.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14707 (TRANSPORTATION)
§ 14707. Private enforcement of registration requirement
(a) In General.—
If a person provides transportation by motor vehicle or service in clear violation of section 13901–13904 or 13906, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates.
(b) Procedure.—
A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Secretary.
(c) Attorney’s Fees.—
In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 910.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11708 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14709 (TRANSPORTATION)
§ 14709. Tariff reconciliation rules for motor carriers of property
Subject to review and approval by the Board, motor carriers subject to jurisdiction under subchapter I of chapter 135 (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and under-charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with section 13702 or, with respect to transportation provided before January 1, 1996, sections 10761 and 10762, as in effect on December 31, 1995. Resolution of such claims among the parties shall not subject any party to the penalties for departing from a tariff.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 912; amended Pub. L. 104–287, § 5(39), Oct. 11, 1996, 110 Stat. 3392.)
heading: Historical and Revision Notes
heading: Pub. L. 104–287
text: This amends 49:14709 by setting out the effective date of 49:14709 and for clarity and consistency.
heading: References in Text
text: Sections 10761 and 10762, referred to in text, were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before the effective date of this section”.
49 U.S.C. § 14902 (TRANSPORTATION)
§ 14902. Civil penalty for accepting rebates from carrier
A person—
(1) delivering property to a carrier providing transportation or service subject to jurisdiction under chapter 135 for transportation under this part or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country; and
(2) knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff required under section 13702;
is liable to the United States for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11902 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14903 (TRANSPORTATION)
§ 14903. Tariff violations
(a) Civil Penalty for Undercharging and Overcharging.—
A person that offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a carrier subject to jurisdiction under chapter 135 at a rate different than the rate in effect under section 13702 is liable to the United States for a civil penalty of not more than $100,000 for each violation.
(b) General Criminal Penalty.—
A carrier providing transportation or service subject to jurisdiction under chapter 135 or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to jurisdiction under that chapter, that willfully does not observe its tariffs as required under section 13702, shall be fined under title 18 or imprisoned not more than 2 years, or both.
(c) Actions of Agents and Employees.—
When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to this section are considered to be the actions and omissions of that carrier or shipper as well as that person.
(d) Venue.—
Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915; amended Pub. L. 105–102, § 2(12), Nov. 20, 1997, 111 Stat. 2205.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:14903(a) to correct a grammatical error.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11903 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–102 inserted “a” before “civil penalty of not more than”.
49 U.S.C. § 14904 (TRANSPORTATION)
§ 14904. Additional rate violations
(a) Rebates by Agents.—
A person, or an officer, employee, or agent of that person, that—
(1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or
(2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,
is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.
(b) Undercharging.—
(1) Freight forwarder.—
A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135, or an officer, agent, or employee of that freight forwarder, that assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
(2) Others.—
A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11904 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14905 (TRANSPORTATION)
§ 14905. Penalties for violations of rules relating to loading and unloading motor vehicles
(a) Civil Penalties.—
Whoever knowingly authorizes, consents to, or permits a violation of subsection (a) or (b) of section 14103 or who knowingly violates subsection (a) of such section is liable to the United States for a civil penalty of not more than $10,000 for each violation.
(b) Criminal Penalties.—
Whoever knowingly violates section 14103(b) of this title shall be fined under title 18 or imprisoned not more than 2 years, or both.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 916.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11902a of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14906 (TRANSPORTATION)
§ 14906. Evasion of regulation of carriers and brokers
A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation provided under this part for carriers or brokers is liable to the United States for a civil penalty of at least $2,000 for the first violation and at least $5,000 for a subsequent violation, and may be subject to criminal penalties.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 916; amended Pub. L. 112–141, div. C, title II, § 32505(b), July 6, 2012, 126 Stat. 804.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 2012—Pub. L. 112–141 substituted “at least $2,000” for “$200” and “$5,000” for “$250” and inserted “, and may be subject to criminal penalties” after “a subsequent violation”.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 14907 (TRANSPORTATION)
§ 14907. Recordkeeping and reporting violations
A person required to make a report to the Secretary or the Board, as applicable, answer a question, or make, prepare, or preserve a record under this part about transportation subject to jurisdiction under subchapter I or III of chapter 135, or an officer, agent, or employee of that person, that—
(1) does not make that report;
(2) does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary or Board, as applicable, requires the question to be answered;
(3) does not make, prepare, or preserve that record in the form and manner prescribed;
(4) falsifies, destroys, mutilates, or changes that report or record;
(5) files a false report or record;
(6) makes a false or incomplete entry in that record about a business related fact or transaction; or
(7) makes, prepares, or preserves a record in violation of an applicable regulation or order of the Secretary or Board;
is liable to the United States for a civil penalty of not more than $5,000.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 916.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14908 (TRANSPORTATION)
§ 14908. Unlawful disclosure of information
(a) Disclosure of Shipment and Routing Information.—
(1) Violations.—
A carrier or broker providing transportation subject to jurisdiction under subchapter I, II, or III of chapter 135 or an officer, receiver, trustee, lessee, or employee of that carrier or broker, or another person authorized by that carrier or broker to receive information from that carrier or broker may not disclose to another person, except the shipper or consignee, and a person may not solicit, or receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier or broker for transportation provided under this part without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
(2) Penalty.—
A person violating paragraph (1) of this subsection is liable to the United States for a civil penalty of not more than $2,000.
(b) Limitation on Statutory Construction.—
This part does not prevent a carrier or broker providing transportation subject to jurisdiction under chapter 135 from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 917.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14909 (TRANSPORTATION)
§ 14909. Disobedience to subpoenas
Whoever does not obey a subpoena or requirement of the Secretary or the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 917.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14910 (TRANSPORTATION)
§ 14910. General civil penalty when specific penalty not provided
When another civil penalty is not provided under this chapter, a person that violates a provision of this part or a regulation or order prescribed under this part, or a condition of a registration under this part related to transportation that is subject to jurisdiction under subchapter I or III of chapter 135 or a condition of a registration of a foreign motor carrier or foreign motor private carrier under section 13902, is liable to the United States for a civil penalty of $500 for each violation. A separate violation occurs each day the violation continues.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 917.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14911 (TRANSPORTATION)
§ 14911. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a carrier providing transportation or service subject to jurisdiction under chapter 135 that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 917.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14912 (TRANSPORTATION)
§ 14912. Weight-bumping in household goods transportation
(a) Weight-Bumping Defined.—
For the purposes of this section, “weight-bumping” means the knowing and willful making or securing of a fraudulent weight on a shipment of household goods which is subject to jurisdiction under subchapter I or III of chapter 135.
(b) Penalty.—
Whoever has been found to have committed weight-bumping shall be fined under title 18 or imprisoned not more than 2 years, or both.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 918.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11917 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14913 (TRANSPORTATION)
§ 14913. Conclusiveness of rates in certain prosecutions
When a carrier publishes or files a particular rate under section 13702 or participates in such a rate, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 14902 or 14903. A departure, or offer to depart, from that published or filed rate is a violation of those sections.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 918.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11916 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 14914 (TRANSPORTATION)
§ 14914. Civil penalty procedures
(a) In General.—
After notice and an opportunity for a hearing, a person found by the Surface Transportation Board to have violated a provision of law that the Board carries out or a regulation prescribed under that law by the Board that is related to transportation which occurs under subchapter II of chapter 135 for which a civil penalty is provided, is liable to the United States for the civil penalty provided. The amount of the civil penalty shall be assessed by the Board by written notice. In determining the amount of the penalty, the Board shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) Compromise.—
The Board may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) Collection.—
If a person fails to pay an assessment of a civil penalty after it has become final, the Board may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) Refunds.—
The Board may refund or remit a civil penalty collected under this section if—
(1) application has been made for refund or remission of the penalty within 1 year from the date of payment; and
(2) the Board finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 918.)