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.

Summary

Amends Federal transportation law to authorize a person to assert that it would be an unreasonable practice for a motor common carrier or a nonhousehold goods freight forwarder to seek to collect tariff rates or charges in addition to those originally billed and collected, or to impose rules, classifications, or practices permitting such a collection. Declares that the Interstate Commerce Commission shall determine whether or not such a collection or imposition is an unreasonable practice violating Federal law. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier for recovery of transportation or service charges; and (2) by a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment of this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review, 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, or under circumstances where application of the filed tariff would be an unreasonable practice.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 12 September 1989

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