Page:United States Statutes at Large Volume 107 Part 3.djvu/110

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107 STAT. 2048 PUBLIC LAW 103-180—DEC. 3, 1993 (B) whether the person tendered freight to the carrier or freight forwarder in reasonable reUance upon the offered transportation rate; (C) whether 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 agreement for contract carriage; (D) whether the transportation rate was billed and collected by the carrier or freight forwarder; and (E) whether the carrier or freight forwarder or party demands additional payment of a higher rate filed in a tariff". (3) STAY OF ADDITIONAL COMPENSATION.— When a person proceeds under this subsection to challenge the reasonableness of the practice of a motor carrier, freight forwarder, or party described in paragraph (1) to attempt to charge or to charge the difference described in paragraph (1) between the applicable rate and the negotiated rate for the transportation service in addition to those charges already billed and collected for the transportation service, the person shall not have to pay any additional compensation to the carrier, freight forwarder, or party until the Commission has made a determination as to the reasonableness of the practice as applied to the freight of the person against whom the claim is made. (4) TREATMENT. —Paragraph (1) of this subsection is enacted as an exception, and shall be treated as an exception, to the requirements of sections 10761(a) and 10762 of title 49, United States Code, relating to a filed tariff rate for a transportation or service subject to the jurisdiction of the Commission and other general tariff requirements. (5) NONAPPLICABILITY OF NEGOTIATED RATE DISPUTE RESO- LUTION PROCEDURE. — If a person elects to seek enforcement of paragraph (1) with respect to a rate for a transportation or service, section 10701(f) of title 49, United States Code, as added by subsection (a) of this section, shall not apply to such rate. (6) DEFINITIONS.— For purposes of this subsection, the following definitions apply: (A) COMMISSION, HOUSEHOLD GOODS, HOUSEHOLD GOODS FREIGHT FORWARDER, AND MOTOR CARRIER.—The terms "Commission", "household goods", "household goods freight forwarder", and "motor carrier" have the meaning such terms have under section 10102 of title 49, United States Code. (B) NEGOTL\TED RATE. — The term "negotiated rate" means a rate, charge, classification, or rule agreed upon by a motor carrier or freight forwarder described in paragraph (1) and a shipper through negotiations pursuant to which no tariff was lawfully and timely filed with the Commission and for which there is written evidence of such agreement. 49 USC 10701 (f) PRIOR SETTLEMENTS AND ADJUDICATIONS. —Any claim that, "°^- but for this subsection, would be subject to any provision of this Act (including any amendment made by this Act) and that was settled by mutual agreement of the parties to such claim, or resolved by a final adjudication of a Federal or State court, before the date of the enactment of this Act shall be treated as binding.