Text: H.R.3243 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3243 IH
101st CONGRESS
1st Session
 H. R. 3243
To amend title 49, United States Code, regarding the collection of overpayments
or undercharges on shipments via motor common carriers of property and
nonhousehold goods freight forwarders, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 12, 1989
Mr. ANDERSON (by request) (for himself, Mr. HAMMERSCHMIDT, Mr. MINETA,
and 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, regarding the collection of overpayments
or undercharges on shipments via motor common carriers of property and
nonhousehold goods freight forwarders, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PROCEDURE FOR COLLECTION OF ADDITIONAL CHARGES.
  Section 11705(b) of title 49, United States Code, is amended by adding at
  the end thereof the following new paragraph:
  `(4) Where tariff rates or charges are sought to be collected in addition
  to those originally billed and collected by a common carrier providing
  transportation subject to the jurisdiction of the Commission under subchapter
  II of chapter 105 of this title or a nonhousehold goods freight forwarder,
  a person may assert that the collection of such tariff rates or charges or
  imposition of rules, classifications, or practices, would be an unreasonable
  practice in violation of section 10701 or otherwise a violation of this
  subtitle and such issue shall be determined by the Commission. In instances
  where a civil suit is brought under section 11706(a) of this subtitle,
  such issues shall be referred to and be determined by the Commission under
  its primary jurisdiction.'.
SEC. 2. 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 thereof and inserting the
  following: `Provided, however, That a common carrier providing transportation
  or service subject to the jurisdiction of the Commission under subchapter
  II of chapter 105 of this title must begin within 24 months after the claim
  accrues a civil action to recover charges for transportation or service
  which is provided by the carrier on or after the date of the enactment of
  this proviso: Provided, however, That for transportation taking place on
  or after 1 year following such date of enactment, such civil actions must
  be filed within 18 months after the claim accrues.'.
  (b) MOTOR CARRIER OVERCHARGES- Section 11706(b) is amended by striking
  the period at the end of the first sentence and inserting the following:
  `Provided, however, That a person must begin within 24 months after the
  claim accrues a civil action to recover overcharges from a carrier subject
  to the jurisdiction of the Commission under subchapter II of chapter 105
  of this title for transportation taking place on or after the date of
  the enactment of this proviso: Provided, however, That for transportation
  taking place on or after 1 year from such date of enactment, such civil
  actions must be filed within 18 months after the claim accrues.'.
SEC. 3. TARIFF RECONCILIATION RULES FOR MOTOR COMMON CARRIERS OF PROPERTY.
  (a) IN GENERAL- Chapter 117 of title 49, United States Code, is amended
  by adding at the end thereof the following new section:
`Sec. 11712. Tariff reconciliation rules for motor common carriers of property
  `(a) Subject to Commission review, motor carriers subject to the jurisdiction
  of the Commission under subchapter II of chapter 105 of this title and
  shippers may resolve, by mutual consent, overcharge and undercharge claims
  resulting from billing errors or incorrect tariff provisions arising from
  the inadvertent failure to properly and timely file and maintain agreed
  upon rates, rules, or classifications in compliance with sections 10761
  and 10762 of this title, or under circumstances where application of the
  filed tariff would be an unreasonable practice. Resolution of such claims
  among the parties shall not subject any party to the penalties of sections
  11901, 11902, 11903, 11904, and 11914 of this title.
  `(b) Nothing in this section shall relieve the motor carrier of the duty
  to file rates, rules, and classifications as required in sections 10761
  and 10762 (except as provided in subsection (a)) for ministerial error or
  where application of the filed tariff would be an unreasonable practice
  under section 10701.
  `(c) The Commission shall, within 90 days after the date of the enactment of
  this section, institute a proceeding to establish rules pursuant to which
  the tariff requirements of sections 10761 and 10762 of this title shall
  not apply under circumstances described in subsection (a) of this section.'.
  (b) CONFORMING AMENDMENT- The analysis for chapter 117 of such title is
  amended by adding at the end thereof the following:
`11712. Tariff reconciliation rules for motor common carriers of property.'.
SEC. 4. EFFECTIVE DATE.
  (a) GENERAL RULE- Except as provided in subsection (b), the provisions of
  this Act (including the amendments made by this Act) shall take effect on
  the date of the enactment of this Act.
  (b) RETROACTION APPLICABILITY OF SECTION 1- The amendment made by section
  1 of this Act shall apply to all claims filed on, after, or pending as of,
  the date of the enactment of this Act.