Page:United States Statutes at Large Volume 107 Part 3.djvu/106

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107 STAT. 2044 PUBLIC LAW 103-180—DEC. 3, 1993 Public Law 103-180 103d Congress An Act Dec. 3, 1993 [S. 412] Negotiated Rates Act of 1993 49 USC 10101 note. To amend title 49, United States Code, relating to procedures for resolving claims involving unfiled, negotiated transportation rates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Negotiated Rates Act of 1993". SEC. 2. PROCEDURES FOR RESOLVING CLAIMS INVOLVING UNFILED, NEGOTIATED TRANSPORTATION RATES. (a) IN GENERAL. —Section 10701 of title 49, United States Code, is amended by adding at the end the following: "(f) PROCEDURES FOR RESOLVING CLAIMS INVOLVING UNFILED, NEGOTIATED TRANSPORTATION 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 the jurisdiction of the Commission under subchapter II of chapter 105 of this title, 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 paragraph (2), (3), or (4) of this subsection, 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 tms subsection; 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 with the Commission 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 Commission a tariff providing for such transportation rate or failed to enter into an agi eement for contract carriage; (iv) such transportation rate was billed and collected by the carrier or freight forwarder; and