§11706. Limitation on actions by and against common carriers

(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title or a freight forwarder must begin a civil action to recover charges for transportation or service provided by the carrier or freight forwarder within 3 years after the claim accrues; except that a motor carrier (other than a motor carrier providing transportation of household goods) or freight forwarder (other than a household goods freight forwarder)-

(1) must begin such a civil action within 2 years after the claim accrues if the transportation or service is provided by the carrier in the 1-year period beginning on the date of the enactment of the Negotiated Rates Act of 1993; and

(2) must begin such a civil action within 18 months after the claim accrues if the transportation or service is provided by the carrier after the last day of such 1-year period.

(b) A person must begin a civil action to recover overcharges under section 11705(b)(1) of this title within 3 years after the claim accrues; except that a person must begin a civil action to recover overcharges from a motor carrier subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for transportation or service-

(1) within 2 years after the claim accrues if such transportation or service is provided in the 1-year period beginning on the date of the enactment of the Negotiated Rate Act of 1993; and

(2) within 18 months after the claim accrues if such transportation or service is provided after the last day of such 1-year period.

If the claim is against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title and an election to file a complaint with the Commission is made under section 11705(c)(1), the complaint must be filed within 3 years after the claim accrues.

(c)(1) A person must file a complaint with the Commission to recover damages under section 11705(b)(2) of this title within 2 years after the claim accrues.

(2) A person must begin a civil action to recover damages under section 11705(b)(3) of this title within 2 years after the claim accrues.

(d) 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 subsection (b) of this section and the 2-year period under subsection (c)(1) of this section are extended for 90 days from the time the carrier begins a civil action under subsection (a) of this section 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) A person must begin a civil action to enforce an order of the Commission against a carrier for the payment of money within one year after the date the order required the money to be paid.

(f) 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 date of (1) payment of the rate for the transportation or service involved, (2) subsequent refund for over-payment of that rate, or (3) deduction made under section 3726 of title 31, whichever is later.

(g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1452 ; Pub. L. 97–258, §3(n), Sept. 13, 1982, 96 Stat. 1066 ; Pub. L. 99–521, §12(c), Oct. 22, 1986, 100 Stat. 2998 ; Pub. L. 103–180, §3, Dec. 3, 1993, 107 Stat. 2049 ; Pub. L. 103–429, §6(18), Oct. 31, 1994, 108 Stat. 4379 .)

Historical and Revision Notes
Pub. L. 95–473

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11706(a)	49:16(3)(a).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §16(3) (less (c), (g), and (h)); added June 29, 1906, ch. 3591, §5, 34 Stat. 590 ; June 18, 1910, ch. 309, §13, 36 Stat. 534 ; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167 ; Feb. 28, 1920, ch. 91, §424, 41 Stat. 491 ; restated June 7, 1924, ch. 325, §1, 43 Stat. 633 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §11 (a)(2)–(5), 54 Stat. 912 ; Aug. 26, 1958, Pub. L. 85–762, §1 (1), (2), 72 Stat. 859 .
	49:304a(1).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §204a (less (5), (6), and (7)); added June 29, 1949, ch. 272, §1, 63 Stat. 280 ; Aug. 26, 1958, Pub. L. 85–762, §1 (3), (4), 72 Stat. 860 ; Sept. 6, 1965, Pub. L. 89–170, §6, 79 Stat. 651 .
	49:908(f)(1)(A).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §308(f) (less (4)); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 941 ; June 29, 1949, ch. 272, §§3(a), 4, 63 Stat. 281 ; Aug. 26, 1958, Pub. L. 85–762, §1 (5), (6), 72 Stat. 860 .
	49:1006a(1).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §406a (less (5), (6), (7)); added June 29, 1949, ch. 272, §5, 63 Stat. 281 ; Aug. 26, 1958, Pub. L. 85–762, §1(7), (8), 72 Stat. 860 ; Sept. 6, 1965, Pub. L. 89–170, §7, 79 Stat. 651 .
11706(b)	49:16(3)(c) (words before 3d comma).
	49:304a(2) (related to overcharges).
	49:908(f)(1)(C) (words before 3d comma).
	49:1006a(2) (related to overcharges).
11706(c)(1)	49:16(3)(b). 49:908(f)(1)(B).
11706(c)(2)	49:304a(2) (related to damages). 49:1006a(2) (related to damages).
11706(d)	49:16(3)(c) (less words before 3d comma), (d).
	49:304a(2) (words after 7th comma), (3).
	49:908(f)(1)(C) (less words before 3d comma), (D).
	49:1006a(2) (words after 7th comma), (3).
11706(e)	49:16(3)(f).
	49:305(g) (less proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §205(g) (less proviso); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 550 ; Sept. 18, 1940, ch. 722, §20(c)(2), 54 Stat. 922 .
	49:908(f)(3).
11706(f)	49:16(3)(i). 49:304a(8). 49:908(f)(5). 49:1006a(8).
11706(g).	49:16(3)(e). 49:304a(4). 49:908(f)(2). 49:1006a(4).

In subsection (a), the words "common carrier" are used to refer to water carriers despite the word "carriers" in 49:908(f)(1) in view of the definition of "carrier" in 49:908(a). The words "must begin a civil action" are substituted for "All actions at law . . . shall be begun" for clarity in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "and not after" are omitted as surplus. The words "or any part thereof" are omitted as surplus.

In subsection (b), the words "action at law" and "and not after" are omitted as surplus. The words "subject to subdivision (d)" in 49:16(3)(c) and comparable words in the other source provisions are omitted as unnecessary in view of the restatement.

In subsection (c), the cross references are added for clarity.

In subsection (d), the words "of any part of the claim" are substituted for "of the claim, or any part or parts thereof" as being more precise.

In subsection (e), the words "within one year after the date the order required the money to be paid" are substituted for "within one year after the date the order" for clarity in view of Missouri Pacific Railroad Company v. Austin, 292 F.2d 415, 418, 419 (5th Cir. 1961). The words "and not after" are omitted as surplus.

In subsection (f), the words "The provisions of" are omitted as surplus. The word "all" is omitted as surplus. The word "applies" is substituted for "shall extend to and embrace" as being more appropriate. The words "of property or passengers" are omitted as included in "transportation". The words "in connection with any action brought before any court by or against carriers subject to this chapter" in 49:304a(8) and 1006a(8) are omitted as unnecessary in view of the restatement. The comparable words in 49:16(3)(i) and 908(f)(5) including the words "before the Commission or" are also omitted as unnecessary in view of the restatement. The words "The time limitations under this section are extended" are substituted for "Provided, however, That with respect to such transportation of property or passengers for or on behalf of the United States, the periods of limitation herein provided shall be extended" for clarity in view of the restatement.

In subsection (g), the word "claim" is substituted for "cause of action" in view of rules 8 and 9 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The word "accrues" is substituted for "deems to accrue" as being more precise. The words "and not after" are omitted as surplus.

Pub. L. 103–429

This amends 49:11706(d) to provide a grammatical correction necessary because of the amendment of 49:11706(d) by section 3(c)(1) of the Negotiated Rates Act of 1993 (Public Law 103–180, 107 Stat. 2049).

References in Text

The date of the enactment of the Negotiated Rates Act of 1993, referred to in subsecs. (a)(1) and (b)(1), is the date of enactment of Pub. L. 103–180, which was approved Dec. 3, 1993.

Amendments

1994-Subsec. (d). Pub. L. 103–429 substituted "those limitation periods" for "that limitation periods".

1993-Subsec. (a). Pub. L. 103–180, §8(a), inserted before period at end "; except that a motor carrier (other than a motor carrier providing transportation of household goods) or freight forwarder (other than a household goods freight forwarder)-

"(1) must begin such a civil action within 2 years after the claim accrues if the transportation or service is provided by the carrier in the 1-year period beginning on the date of the enactment of the Negotiated Rates Act of 1993; and

"(2) must begin such a civil action within 18 months after the claim accrues if the transportation or service is provided by the carrier after the last day of such 1-year period".

Subsec. (b). Pub. L. 103–180, §3(b), struck out ". If that claim is against a common carrier" and inserted "; except that a person must begin a civil action to recover overcharges from a motor carrier subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for transportation or service-

"(1) within 2 years after the claim accrues if such transportation or service is provided in the 1-year period beginning on the date of the enactment of the Negotiated Rate Act of 1993; and

"(2) within 18 months after the claim accrues if such transportation or service is provided after the last day of such 1-year period.

If the claim is against a common carrier".

Subsec. (d). Pub. L. 103–180, §3(c), substituted "limitation periods" for "3-year period" wherever appearing, substituted "are extended" for "is extended", and struck out "each" before "extended for 90 days".

1986-Subsec. (a). Pub. L. 99–521 inserted "or a freight forwarder" after "of this title" and "or freight forwarder" after "by the carrier".

1982-Subsec. (f). Pub. L. 97–258 substituted "section 3726" for "section 244".

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Section Referred to in Other Sections

This section is referred to in section 10744 of this title.