U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART B— MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 137— RATES AND THROUGH ROUTES

49 U.S.C. § 13710

Additional billing and collecting practices

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(a)Miscellaneous Provisions.—(1)Information relating to basis of rate.—A motor carrier of property (other than a motor carrier providing transportation in noncontiguous domestic trade) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate applicable to its shipment or agreed to between the shipper and carrier is based.(2)Reasonableness of rates; collecting additional charges.—When the applicability or reasonableness of the rates and related provisions billed by a motor carrier is challenged by the person paying the freight charges, the Board shall determine whether such rates and provisions are reasonable under section 13701 or applicable based on the record before it.(3)Billing disputes.—(A)Initiated by motor carriers.—In those cases where a motor carrier (other than a motor carrier providing transportation of household goods or in noncontiguous domestic trade) seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the Board determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the receipt of the original bill in order to have the right to collect such charges.(B)Initiated by shippers.—If a shipper seeks to contest the charges originally billed or additional charges subsequently billed, the shipper may request that the Board determine whether the charges billed must be paid. A shipper must contest the original bill or subsequent bill within 180 days of receipt of the bill in order to have the right to contest such charges.(4)Voiding of certain tariffs.—Any tariff on file with the Interstate Commerce Commission on August 26, 1994, and not required to be filed after that date is null and void beginning on that date. Any tariff on file with the Interstate Commerce Commission on January 1, 1996, and not required to be filed after that date is null and void beginning on that date.(b)Resolution of Disputes Over Status of Common Carrier or Contract Carrier.—If a motor carrier (other than a motor carrier providing transportation of household goods) that was subject to jurisdiction under subchapter II of chapter 105, as in effect on December 31, 1995, and that had authority to provide transportation as both a motor common carrier and a motor contract carrier and a dispute arises as to whether certain transportation that was provided prior to January 1, 1996, was provided in its common carrier or contract carrier capacity and the parties are not able to resolve the dispute consensually, the Board shall resolve the dispute.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 876; amended Pub. L. 104–287, § 5(30), Oct. 11, 1996, 110 Stat. 3391.)Historical and Revision NotesPub. L. 104–287, § 5(30)(A)

This sets out the effective date of 49:13710.

Pub. L. 104–287, § 5(30)(B)

This amends 49:13710(b) by setting out the effective date for 49:13710 and for clarity and consistency.

Editorial NotesReferences in Text

Subchapter II of chapter 105, referred to in subsec. (b), was 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.

Prior Provisions

Provisions similar to those in this section were contained in sections 10762 and 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

1996—Subsec. (a)(4). Pub. L. 104–287, § 5(30)(A), substituted “January 1, 1996,” for “the effective date of this section”.

Subsec. (b). Pub. L. 104–287, § 5(30)(B), substituted “December 31, 1995” for “the day before the effective date of this section” and “January 1, 1996,” for “the effective date of this section”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Abolition of Interstate Commerce Commission

Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions
Cited in 44 cases (4 in the last 5 years), 1976–2021 · leading case: S. Furniture Leasing v. YRC, 989 F.3d 1141 (10th Cir. 2021).
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S. Furniture Leasing v. YRC, 989 F.3d 1141 (10th Cir. 2021). · cites it 7× “Section 13710(a)(3) The statute at issue in this appeal—49 U.S.C. § 13710, “Additional billing and collecting practices”—has an odd history.”
In Re: Apex Express Corp. Humboldt Express, Inc., Debtors. Humboldt Express, Inc. v. The Wise Co., Inc., 190 F.3d 624 (4th Cir. 1999). · cites it 2× “See 49 U.S.C.A. § 13710 (a)(3)(B) (West 1997).”
Gaines Motor Lines, Inc. v. Klaussner Furniture Indus., Inc., 734 F.3d 296 (4th Cir. 2013). · cites it 3× “See 49 U.S.C. § 13710 (a)(4). Congress did not, however, abandon all federal regulation of the motor carriers that were freed to engage in price competition.”
Nat'l Motor Freight Traffic Ass'n Inc v. Gen. Servs. Admin., 68 F. Supp. 3d 136 (D.D.C. 2014). · cites it 17× “§ 3726 (2012) does not cover transportation contracts performed at negotiated commercial rates, and therefore any government review must be conducted pursuant to 49 U.S.C. § 13710 (2012), which requires that billing disputes be raised within 180 days.”
Cent. Transp. Int'l v. Sterling Seating, Inc., 356 F. Supp. 2d 786 (E.D. Mich. 2005). · cites it 3× “Indeed, [Plaintiff] concedes that at no time relevant to this action did the ICA require it to file a tariff with the Surface Transportation Board (“STB”), the successor to the ICC.”
Exel, Inc. v. S. Refrigerated Transp., Inc., 807 F.3d 140 (6th Cir. 2015). “803 replaced § 11707 and § 10730 with § 14706, and added the subsection that requires carriers to “provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate applicable to its shipment or…”
Sassy Doll Creations, Inc. v. Watkins Motor Lines, Inc., 331 F.3d 834 (11th Cir. 2003). “” 49 U.S.C. § 13710 (a)(1); see also id. § 14706(c)(1)(B).”
Werner Enter., Inc. v. Westwind Mar. Int'l, Inc., 554 F.3d 1319 (11th Cir. 2009). “Second, these Acts eliminated the requirement that certain carriers file tariffs with the Interstate Commerce Commission, and substituted the requirement that a carrier provide a shipper, on request, with "a written or electronic copy of the rate, classification, rules, and…”
['Nat'l Motor Freight Traffic Ass'n Inc v. Gen. Servs. Admin.'], 25 F. Supp. 3d 52 (D.D.C. 2014). · cites it 6× “§ 3726 and 49 U.S.C. § 13710 when it conducted post-payment audits and offset alleged overcharges against amounts due to some of the plaintiffs under their government contracts.”
Emerson Elec. Supply Co. v. Estes Express Lines Corp., 451 F.3d 179 (3rd Cir. 2006). “49 U.S.C. § 13710 . 6 . We also note that the four-prong test in Carmana Designs Ltd.”
Jackson v. Brook Ledge, Inc., 991 F. Supp. 640 (E.D. Ky. 1997). · cites it 2× “49 U.S.C. § 13710 (a). Thus, as of that date, all tariffs then on file with the ICC were declared null and void.”
Fireman's Fund McGee v. Landstar Ranger, Inc., 250 F. Supp. 2d 684 (S.D. Tex. 2003). · cites it 2× “See 49 U.S.C. § 13710 (a)(4) (2000). 8 . "Today carriers adopt standard contractual terms, which some call ‘tariffs' out of habit, but which have no effect apart from their status as contracts.”
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