Negotiated Rates Act of 1993

Summary

Negotiated Rates Act of 1993 - Amends Federal transportation law to authorize persons against whom a claim is made by a motor carrier of property (other than a household goods carrier), or by a nonhousehold goods freight forwarder for the collection of rates or charges in addition to the rates originally collected by such carrier or freight forwarder, to elect to satisfy such claim pursuant to a specified formula upon showing that the carrier or forwarder is no longer transporting property or is transporting property for the purpose of avoiding application of this Act. Requires that the claimant have been offered a rate other than the one legally on file with the Interstate Commerce Commission (ICC), have tendered freight in reasonable reliance upon the offered rate, the carrier or forwarder did not properly or timely file a tariff for the rate or failed to execute a valid contract for transportation services, such rate was collected by the carrier or forwarder, and the carrier or forwarder demands additional payment of a higher rate filed in a tariff. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier or freight forwarder for recovery of transportation or service charges; and (2) by any person to recover overcharges by a motor carrier. Permits motor carriers and shippers to resolve by mutual consent, subject to ICC review and approval, any 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. Prohibits a tariff filed with the ICC from being held invalid solely on the basis that it uses a numerical or alpha account code to designate customers or describe the applicability of rates. Requires a motor contract carrier to enter into a written agreement (separate from a bill of lading or receipt) for the provision of transportation services. Sets forth both civil and criminal penalties for violations of this requirement. Requires the ICC to issue regulations prohibiting any motor carrier from reducing a rate set forth in its tariff or contract for any person but the one paying for the transportation service. Sets forth civil penalties. Grants the ICC jurisdiction to resolve disputes arising with respect to certain motor carriers as to whether transportation is provided as a motor common carrier or as a motor contract carrier. Directs the Secretary of Transportation to arrange with the Transportation Research Board to study and report to specified congressional committees on: (1) the public benefits of tariff rate filings by motor carriers of property with the ICC; (2) the extent to which such filing system is used by shippers; (3) the difficulty and cost of determining rates for transportation services under such system; and (4) the number of actions brought before the ICC with respect to such rates.

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Documents

6 official files

• Reported in House (text)

  Reported in House · EN · 15 November 1993

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• Reported in House (PDF)

  Reported in House · EN · 15 November 1993

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• Passed House amended

  summary · EN · 15 November 1993

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• Introduced in House (text)

  Introduced in House · EN · 23 August 1993

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• Introduced in House (PDF)

  Introduced in House · EN · 23 August 1993

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• Introduced in House

  summary · EN · 13 May 1993

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