Page:United States Statutes at Large Volume 108 Part 2.djvu/969

 PUBLIC LAW 103-311—AUG. 26, 1994 108 STAT. 1685 (3) by striking the last sentence of paragraph (1) and inserting the following: "A motor contract carrier of property is not required to publish or file actual or minimum rates under this subtitle. Except as provided in the Negotiated Rates Act of 1993 and the amendments made by that Act, nothing in the Trucking Industry Regulatory Reform Act of 1994 (and the amendments made by that Act) creates any obligation for a shipper based solely on a rate that was on file with the Commission or elsewhere on the date of enactment of such Act.", and (4) by adding at the end the following: "(3) A motor common carrier of property (other than a motor common carrier providing transportation of household goods or 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 agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a motor common carrier is challenged by the person paying the freight charges, the Commission shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In those cases where a motor common carrier (other than a motor common 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 Commission 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 original bill in order to have the right to collect such charges. "(4) If a shipper seeks to contest the charges originally whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges. "(5) Any tariff on file with the Commission on the date Termination of enactment of the Trucking Industry Regulatory Reform Act **^^- of 1994 not required to be filed with the Commission after the enactment of that Act is null and void beginning on that date.". (d) PROPOSED RATE CHANGES.— (1) COMMON CARRIERS.— Section 10762(c)(1) (relating to proposed rate changes) is amended by inserting "(excluding a motor common carrier providing transportation of property other than household goods, under an individually determined rate, classification, rule, or practice defined in section 10102(13), or in a noncontiguous domestic trade)" after "common carrier". (2) CONTRACT CARRIERS.— Section 10762(c)(2) (relating to proposed rate changes) is amended by inserting "(except a motor contract carrier of property)" after "contract carrier". (e) EFFECT ON NEGOTIATED RATES ACT.— Section 10762 (relating to general tariff requirements) is amended by adding at the end thereof the following new subsection:
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 * " billed, the shipper may request that the Commission determine

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