Page:United States Statutes at Large Volume 109 Part 1.djvu/890

 109 STAT. 874 PUBLIC LAW 104-88—DEC. 29, 1995 whether and to whom any allowance or reduction in charges is made. "(b) FALSE OR MISLEADING INFORMATION.— No person may cause a motor carrier to present false or misleading information on a document about the actual rate, charge, or allowance to any party to the transaction. "(c) ALLOWANCES FOR SERVICES.— When the actual rate, charge, or allowance is dependent upon the performance of a service by a party to the transportation arrangement, such as tendering a volume of freight over a stated period of time, the motor carrier shall indicate in any document presented for payment to the person responsible directly to the motor carrier that a reduction, allowance, or other adjustment may apply. "§ 13709. Procedures for resolving claims involving unfiled, negotiated transportation rates "(a) TRANSPORTATION PROVIDED AT RATES OTHER THAN LEGAL TARIFF RATES.— "(1) IN GENERAL.—When a claim is made by a motor carrier of property (other than a household goods carrier) providing transportation subject to jurisdiction under subchapter II of chapter 105 (as in effect on the day before the effective date of this section) or subchapter I of chapter 135, by a freight forwarder (other than a household goods freight forwarder), or by a party representing such a carrier or freight forwarder regarding the collection of rates or charges for such transportation in addition to those originally billed and collected by the carrier or freight forwarder for such transportation, the person against whom the claim is made may elect to satisfy the claim under the provisions of subsection (b), (c), or (d), upon showing that— "(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and "(B) with respect to the claim— "(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service; "(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate; "(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage; "(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and "(v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff. Courts. "(2) FORUM. —I f there is a dispute as to the showing under paragraph (1)(A), such dispute shall be resolved by the court in which the claim is brought. If there is a dispute as to the showing under paragraph (1)(B), such dispute shall be resolved by the Board. Pending the resolution of any such

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