Page:United States Statutes at Large Volume 109 Part 1.djvu/926

 109 STAT. 910 PUBLIC LAW 104-88 —DEC. 29, 1995 such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier. "(f) LIMITING LIABILITY OF HOUSEHOLD GtooDS CARRIERS TO DECLARED VALUE.— ^A carrier or group of carriers subject to jurisdiction under subchapter I or III of chapter 135 may petition the Board to modify, eliminate, or establish rates for the transportation of household goods under which the liability of the carrier for that property is limited to a value established by written declaration of the shipper or by a written agreement. " (g) MODIFICATIONS AND REFORMS. — "(1) STUDY. — The Secretary shall conduct a study to determine whether any modifications or reforms should be made to the loss and damage provisions of this section, including those related to limitation of liability by carriers. "(2) FACTORS TO CONSIDER.—In conducting the study, the Secretary, at a minimum, shall consider— "(A) the efficient delivery of transportation services; "(B) international and intermodal harmony; "(C) the public interest; and "(D) the interest of carriers and shippers. "(3) REPORT. —Not later than 12 months after the effective date of this section, the Secretary shall submit to Congress a report on the results of the study, together with any recommendations of the Secretary (including legislative recommendations) for implementing modifications or reforms identified by the Secretary as being appropriate. "(a) IN GENERAL.— If a person provides transportation by motor vehicle or service in clear violation of section 13901-13904 or 13906, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates. "(b) PROCEDURE.— ^A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Secretary. "(c) ATTORNEY'S FEES. —In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney's fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure. '*§ 14708. Dispute settlement program for household goods carriers "(a) OFFERING SHIPPERS ARBITRATION. —As a condition of registration under section 13902 or 13903, a carrier providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 must agree to offer in accordance with this section to shippers of household goods arbitration as a means of settling disputes between such carriers and shippers of household goods concerning damage or loss to the household goods transported.
 * § 14707. Private enforcement of registration requirement

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