Enforcement, Investigations, Rights, and Remedies (Rail)

§ 11502

TITLE 49—TRANSPORTATION

(2) the collection of an ad valorem property
tax on the rail transportation property at a
tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 843.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11503 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11501, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1444; Pub. L. 96–448, title II, § 214(a)–(c)(1), Oct. 14,
1980, 94 Stat. 1913, 1915; Pub. L. 97–261, § 17(a), Sept. 20,
1982, 96 Stat. 1117; Pub. L. 99–521, § 11(a), Oct. 22, 1986, 100
Stat. 2997; Pub. L. 103–272, § 4(j)(34), July 5, 1994, 108
Stat. 1370; Pub. L. 103–305, title VI, § 601(c), Aug. 23, 1994,
108 Stat. 1606; Pub. L. 103–311, title II, § 211(b)(2), Aug.
26, 1994, 108 Stat. 1689, related to Interstate Commerce
Commission authority over intrastate transportation,
prior to the general amendment of this subtitle by Pub.
L. 104–88, § 102(a). See section 14501 of this title.
EFFECTIVE DATE
Chapter 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 701 of this title.

§ 11502. Withholding State and local income tax
by rail carriers
(a) No part of the compensation paid by a rail
carrier providing transportation subject to the
jurisdiction of the Board under this part to an
employee who performs regularly assigned duties as such an employee on a railroad in more
than one State shall be subject to the income
tax laws of any State or subdivision of that
State, other than the State or subdivision thereof of the employee’s residence.
(b) A rail carrier withholding pay from an employee under subsection (a) of this section shall
file income tax information returns and other
reports only with the State and subdivision of
residence of the employee.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 844.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11504 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 11502 to 11507 were omitted in the general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 11502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1445, related to conferences and joint hearings with
State authorities.
Section 11503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1445, related to tax discrimination against rail transportation property. See section 11501 of this title.
Section 11503a, added Pub. L. 96–296, § 31(a)(1), July 1,
1980, 94 Stat. 823; amended Pub. L. 97–261, § 20, Sept. 20,
1982, 96 Stat. 1122, related to tax discrimination against
motor carrier transportation property. See section
14502 of this title.
Section 11504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1446; Pub. L. 97–261, § 29(d), Sept. 20, 1982, 96 Stat. 1128;
Pub. L. 101–322, § 7, July 6, 1990, 104 Stat. 296; Pub. L.
103–272, § 5(m)(33), July 5, 1994, 108 Stat. 1378, related to
withholding State and local income tax by certain carriers. See sections 11502 and 14503 of this title.
Section 11505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1448; Pub. L. 99–521, § 11(b), Oct. 22, 1986, 100 Stat. 2998,

Page 320

related to State action to enjoin rail carriers from certain actions.
Section 11506, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1448; Pub. L. 102–240, title IV, § 4005, Dec. 18, 1991, 105
Stat. 2146, related to registration of motor carriers by
a State.
Section 11507, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1449; Pub. L. 98–473, title II, § 233, Oct. 12, 1984, 98 Stat.
2031, related to prison-made property governed by State
law.

CHAPTER 117—ENFORCEMENT:
INVESTIGATIONS, RIGHTS, AND REMEDIES
Sec.

11701.
11702.
11703.
11704.
11705.
11706.
11707.

General authority.
Enforcement by the Board.
Enforcement by the Attorney General.
Rights and remedies of persons injured by rail
carriers.
Limitation on actions by and against rail carriers.
Liability of rail carriers under receipts and
bills of lading.
Liability when property is delivered in violation of routing instructions.

§ 11701. General authority
(a) Except as otherwise provided in this part,
the Board may begin an investigation under this
part only on complaint. If the Board finds that
a rail carrier is violating this part, the Board
shall take appropriate action to compel compliance with this part.
(b) A person, including a governmental authority, may file with the Board a complaint
about a violation of this part by a rail carrier
providing transportation or service subject to
the jurisdiction of the Board under this part.
The complaint must state the facts that are the
subject of the violation. The Board may dismiss
a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint
made against a rail carrier providing transportation subject to the jurisdiction of the Board
under this part because of the absence of direct
damage to the complainant.
(c) A formal investigative proceeding begun by
the Board under subsection (a) of this section is
dismissed automatically unless it is concluded
by the Board with administrative finality by the
end of the third year after the date on which it
was begun.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 845.)
PRIOR PROVISIONS
A prior section 11701, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1449; Pub. L. 96–296, § 26(a), July 1, 1980, 94 Stat.
818; Pub. L. 98–554, title II, § 226(c)(4), Oct. 30, 1984, 98
Stat. 2851; Pub. L. 99–521, § 12(a), Oct. 22, 1986, 100 Stat.
2998; Pub. L. 100–690, title IX, § 9111(i), Nov. 18, 1988, 102
Stat. 4534; Pub. L. 103–272, § 5(m)(34), July 5, 1994, 108
Stat. 1378, related to general authority of Interstate
Commerce Commission to enforce this subtitle, prior to
the general amendment of this subtitle by Pub. L.
104–88, § 102(a). See sections 11701, 14701, and 15901 of this
title.
EFFECTIVE DATE
Chapter 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 701 of this title.

§ 11702. Enforcement by the Board
The Board may bring a civil action—

Page 321

§ 11704

TITLE 49—TRANSPORTATION

(1) to enjoin a rail carrier from violating sections 10901 through 10906 of this title, or a regulation prescribed or order or certificate issued under any of those sections;
(2) to enforce subchapter II of chapter 113 of
this title and to compel compliance with an
order of the Board under that subchapter; and
(3) to enforce an order of the Board, except
a civil action to enforce an order for the payment of money, when it is violated by a rail
carrier providing transportation subject to the
jurisdiction of the Board under this part.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 845.)
PRIOR PROVISIONS
A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1450; Pub. L. 96–296, §§ 15(c), 16(c), July 1, 1980, 94
Stat. 809, 810; Pub. L. 97–261, § 25(e), Sept. 20, 1982, 96
Stat. 1125; Pub. L. 98–554, title II, § 226(c)(5), Oct. 30,
1984, 98 Stat. 2851; Pub. L. 100–690, title IX, § 9111(j), Nov.
18, 1988, 102 Stat. 4534, related to authority of Interstate
Commerce Commission to bring a civil action to enforce various provisions of this subtitle, prior to the
general amendment of this subtitle by Pub. L. 104–88,
§ 102(a). See sections 11702, 14702, and 15902 of this title.

§ 11703. Enforcement by the Attorney General
(a) The Attorney General may, and on request
of the Board shall, bring court proceedings to
enforce this part, or a regulation or order of the
Board or certificate issued under this part, and
to prosecute a person violating this part or a
regulation or order of the Board or certificate
issued under this part.
(b) The United States Government may bring
a civil action on behalf of a person to compel a
rail carrier providing transportation subject to
the jurisdiction of the Board under this part to
provide that transportation to that person in
compliance with this part at the same rate
charged, or on conditions as favorable as those
given by the rail carrier, for like traffic under
similar conditions to another person.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 845.)
PRIOR PROVISIONS
A prior section 11703, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1450, related to authority of Attorney General and
United States Government to bring civil actions to enforce this subtitle, prior to the general amendment of
this subtitle by Pub. L. 104–88, § 102(a). See sections
11703, 14703, and 15903 of this title.

§ 11704. Rights and remedies of persons injured
by rail carriers
(a) A person injured because a rail carrier providing transportation or service subject to the
jurisdiction of the Board under this part does
not obey an order of the Board, except an order
for the payment of money, may bring a civil action in a United States District Court to enforce
that order under this subsection.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this
part is liable for damages sustained by a person
as a result of an act or omission of that carrier
in violation of this part. A rail carrier providing
transportation subject to the jurisdiction of the
Board under this part is liable to a person for

amounts charged that exceed the applicable rate
for the transportation.
(c)(1) A person may file a complaint with the
Board under section 11701(b) of this title or bring
a civil action under subsection (b) of this section
to enforce liability against a rail carrier providing transportation subject to the jurisdiction of
the Board under this part.
(2) When the Board makes an award under subsection (b) of this section, the Board shall order
the rail carrier to pay the amount awarded by a
specific date. The Board may order a rail carrier
providing transportation subject to the jurisdiction of the Board under this part to pay damages
only when the proceeding is on complaint. The
person for whose benefit an order of the Board
requiring the payment of money is made may
bring a civil action to enforce that order under
this paragraph if the rail carrier does not pay
the amount awarded by the date payment was
ordered to be made.
(d)(1) When a person begins a civil action
under subsection (b) of this section to enforce an
order of the Board requiring the payment of
damages by a rail carrier providing transportation subject to the jurisdiction of the Board
under this part, the text of the order of the
Board must be included in the complaint. In addition to the district courts of the United
States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to
enforce an order under this paragraph. The findings and order of the Board are competent evidence of the facts stated in them. Trial in a civil
action brought in a district court of the United
States under this paragraph is in the judicial
district—
(A) in which the plaintiff resides;
(B) in which the principal operating office of
the rail carrier is located; or
(C) through which the railroad line of that
carrier runs.
In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on
an appeal taken by the plaintiff.
(2) All parties in whose favor the award was
made may be joined as plaintiffs in a civil action brought in a district court of the United
States under this subsection and all the rail carriers that are parties to the order awarding damages may be joined as defendants. Trial in the
action is in the judicial district in which any
one of the plaintiffs could bring the action
against any one of the defendants. Process may
be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment
ordering recovery may be made in favor of any
of those plaintiffs against the defendant found
to be liable to that plaintiff.
(3) The district court shall award a reasonable
attorney’s fee as a part of the damages for which
a rail carrier is found liable under this subsection. The district court shall tax and collect
that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 846.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11705 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 11705

TITLE 49—TRANSPORTATION

A prior section 11704, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1451, related to actions by private persons to enjoin abandonment of service, prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 11705. Limitation on actions by and against rail
carriers
(a) A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the
claim accrues.
(b) A person must begin a civil action to recover overcharges under section 11704(b) of this
title within 3 years after the claim accrues,
whether or not a complaint is filed under section 11704(c)(1).
(c) A person must file a complaint with the
Board to recover damages under section 11704(b)
of this title within 2 years after the claim accrues.
(d) The limitation period under subsection (b)
of this section is extended for 6 months from the
time written notice is given to the claimant by
the rail carrier of disallowance of any part of
the claim specified in the notice if a written
claim is given to the rail carrier within that
limitation period. The limitation periods under
subsections (b) and (c) of this section are extended for 90 days from the time the rail 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 Board against a rail 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 overpayment 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 rail carrier.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 847.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11706 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11705, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1451; Pub. L. 99–521, § 12(b), Oct. 22, 1986, 100 Stat.
2998, related to rights and remedies of persons injured
by certain carriers, prior to the general amendment of
this subtitle by Pub. L. 104–88, § 102(a). See sections
11704, 14704, and 15904 of this title.

Page 322

§ 11706. Liability of rail carriers under receipts
and bills of lading
(a) A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part shall issue a receipt or bill of
lading for property it receives for transportation
under this part. That rail carrier and any other
carrier that delivers the property and is providing transportation or service subject to the jurisdiction of the Board under this part are liable
to the person entitled to recover under the receipt or bill of lading. The liability imposed
under this subsection is for the actual loss or injury to the property caused by—
(1) the receiving rail carrier;
(2) the delivering rail carrier; or
(3) another rail carrier over whose line or
route the property is transported in the
United States or from a place in the United
States to a place in an adjacent foreign country when transported under a through bill of
lading.
Failure to issue a receipt or bill of lading does
not affect the liability of a rail carrier. A delivering rail carrier is deemed to be the rail carrier
performing the line-haul transportation nearest
the destination but does not include a rail carrier providing only a switching service at the
destination.
(b) The rail carrier issuing the receipt or bill
of lading under subsection (a) of this section or
delivering the property for which the receipt or
bill of lading was issued is entitled to recover
from the rail carrier over whose line or route
the loss or injury occurred the amount required
to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript,
and the amount of its expenses reasonably incurred in defending a civil action brought by
that person.
(c)(1) A rail carrier may not limit or be exempt from liability imposed under subsection (a)
of this section except as provided in this subsection. A limitation of liability or of the
amount of recovery or representation or agreement in a receipt, bill of lading, contract, or
rule in violation of this section is void.
(2) A rail carrier of passengers may limit its liability under its passenger rate for loss or injury
of baggage carried on trains carrying passengers.
(3) A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part may establish rates for transportation of property under which—
(A) the liability of the rail carrier for such
property is limited to a value established by
written declaration of the shipper or by a written agreement between the shipper and the
carrier; or
(B) specified amounts are deducted, pursuant
to a written agreement between the shipper
and the carrier, from any claim against the
carrier with respect to the transportation of
such property.
(d)(1) A civil action under this section may be
brought in a district court of the United States
or in a State court.
(2)(A) A civil action under this section may
only be brought—

Page 323

§ 11901

TITLE 49—TRANSPORTATION

(i) against the originating rail carrier, in the
judicial district in which the point of origin is
located;
(ii) against the delivering rail carrier, in the
judicial district in which the principal place of
business of the person bringing the action is
located if the delivering carrier operates a
railroad or a route through such judicial district, or in the judicial district in which the
point of destination is located; and
(iii) against the carrier alleged to have
caused the loss or damage, in the judicial district in which such loss or damage is alleged
to have occurred.
(B) In this section, ‘‘judicial district’’ means
(i) in the case of a United States district court,
a judicial district of the United States, and (ii)
in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e) A rail carrier may not provide by rule, contract, or otherwise, a period of less than 9
months for filing a claim against it under this
section and a period of less than 2 years for
bringing a civil action against it under this section. The period for bringing a civil action is
computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the
notice. For the purposes of this subsection—
(1) an offer of compromise shall not constitute a disallowance of any part of the claim
unless the carrier, in writing, informs the
claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier’s
insurer shall not constitute a disallowance of
any part of the claim unless the insurer, in
writing, informs the claimant that such part
of the claim is disallowed, provides reasons for
such disallowance, and informs the claimant
that the insurer is acting on behalf of the carrier.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 847.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11707 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11706, 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, related to
limitation on actions by and against common carriers,
prior to the general amendment of this subtitle by Pub.
L. 104–88, § 102(a). See sections 11705, 14705, and 15905 of
this title.

§ 11707. Liability when property is delivered in
violation of routing instructions
(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board
under this part diverts or delivers property to
another rail carrier in violation of routing instructions in the bill of lading, both of those rail
carriers are jointly and severally liable to the
rail carrier that was deprived of its right to participate in hauling that property for the total

amount of the rate it would have received if it
participated in hauling the property.
(2) A rail carrier is not liable under paragraph
(1) of this subsection when it diverts or delivers
property in compliance with an order or regulation of the Board.
(3) A rail carrier to whom property is transported is not liable under this subsection if it
shows that it had no notice of the routing instructions before transporting the property. The
burden of proving lack of notice is on that rail
carrier.
(b) The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against
the defendant rail carrier under subsection (a) of
this section. The court shall tax and collect that
fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 849.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11710 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 11707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1453; Pub. L. 96–258, § 1(14), June 3, 1980, 94 Stat. 427;
Pub. L. 96–296, § 26(b), July 1, 1980, 94 Stat. 818; Pub. L.
96–448, title II, § 211(c), Oct. 14, 1980, 94 Stat. 1911; Pub.
L. 99–521, § 12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L.
100–690, title IX, § 9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of common carriers under receipts and
bills of lading. See sections 11706, 14706, and 15906 of this
title.
Section 11708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1454; Pub. L. 99–521, § 12(e)(1), (2), Oct. 22, 1986, 100 Stat.
2998, related to private enforcement of motor carrier
and household goods freight forwarder licensing requirements. See section 14707 of this title.
Section 11709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1454, related to liability for issuance of securities by
certain carriers.
Section 11710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1455, related to liability when property is delivered in
violation of routing instructions. See section 11707 of
this title.
Section 11711, added Pub. L. 96–454, § 7(a)(1), Oct. 15,
1980, 94 Stat. 2016; amended Pub. L. 97–261, § 6(d)(2),
Sept. 20, 1982, 96 Stat. 1107, related to dispute settlement program for household goods carriers. See section
14708 of this title.
Section 11712, added Pub. L. 103–180, § 4(a), Dec. 3, 1993,
107 Stat. 2049, related to tariff reconciliation rules for
motor common carriers of property. See section 14709 of
this title.

CHAPTER 119—CIVIL AND CRIMINAL
PENALTIES
Sec.

11901.
11902.
11903.
11904.
11905.
11906.
11907.
11908.

General civil penalties.
Interference with railroad car supply.
Record keeping and reporting violations.
Unlawful disclosure of information.
Disobedience to subpoenas.
General criminal penalty when specific penalty not provided.
Punishment of corporation for violations
committed by certain individuals.
Relation to other Federal criminal penalties.

§ 11901. General civil penalties
(a) Except as otherwise provided in this section, a rail carrier providing transportation sub-