Page:United States Statutes at Large Volume 92 Part 2.djvu/175

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1455

the consideration given for the security when it is surrendered to that carrier. § 11710. Liability when property is delivered in violation of routing 49 USC 11710. instructions (a)(1) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title diverts or delivers property to another Ante, p. 1359. carrier in violation of routing instructions in the bill of lading, both of those carriers are jointly and severally liable to the 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 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 Commission. (3) A carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instruc,,.,. tions before transporting the property. The burden of proving lack of notice is on that carrier. (b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action. ., CHAPTER 119^CIVIL AND CRIMINAL PENALTIES Sec.

11901. 11902. 11903. 11904. 11905. 11906. 11907. 11908. 11909. 11910. 11911. 11912. 11913. 11914. 11915. 11916.

General civil penalties. Civil penalty for accepting rebates from common carrier. Rate, discrimination, and tariff violations. Additional rate and discrimination violations. Transportation of passengers without charge. Evasion of regulation of motor carriers and brokers. Interference with railroad car supply. Abandonment of service by freight forwarder. Record keeping and reporting violations. Unlawful disclosure of information. Issuance of securities; disposition of funds; restriction on ownership. Consolidation, merger, and acquisition of control: violation by a person not a carrier. Disobedience to subpenas. General criminal penalty when specific penalty not provided. Punishment of corporation for violations committed by certain individuals. Conclusiveness of rates in certain prosecutions.

§ 11901. General civil penalties (a) Except as otherwise provided in this section, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, an officer or agent of that carrier or a receiver, trustee, lessee, or agent of one of them, knowingly violating an order of the Commission under this subtitle is liable to the United States Government for a civil penalty of $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues. (b) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or a receiver or trustee of that carrier, violating a regulation or order of the Commission under section 10761, 10762, 10764, 10765, or

49 USC 11901.

Ante, pp. 1394, 1397.

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