§11712. Tariff reconciliation rules for motor common carriers of property

(a) Mutual Consent.-Subject to Commission review and approval, motor carriers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and undercharge claims resulting from incorrect tariff provisions or billing errors 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. Resolution of such claims among the parties shall not subject any party to the penalties of chapter 119 of this title.

(b) Limitation on Statutory Construction.-Nothing in this section shall relieve the motor carrier of the duty to file and adhere to its rates, rules, and classifications as required in sections 10761 and 10762, except as provided in subsection (a) of this section.

(c) Rulemaking Proceeding.-Not later than 90 days after the date of the enactment of this section, the Commission shall 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.

(Added Pub. L. 103–180, §4(a), Dec. 3, 1993, 107 Stat. 2049 .)

References in Text

The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 103–180, which was approved Dec. 3, 1993.