Page:United States Statutes at Large Volume 107 Part 3.djvu/111

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PUBLIC LAW 103-180—DEC. 3, 1993 107 STAT. 2049 enforceable, and not contrary to law, unless such settlement was agreed to as a result of fraud or coercion. (g) RATE REASONA]BLENESS. —Section 10701(e) of title 49, United States Code, is amended by adding at the end the following: "Any complaint brought against a motor carrier (other than a carrier ^ described in subsection (f)(1)(A)) by a person (other than a motor carrier) for unreasonably high rates for past or fiiture transportation shall be determined under this subsection.**. SEC. 3. STATUTE OF LIMITATIONS. (a) MOTOR CARRIER CHARGES.—Section 11706(a) of title 49, United States Code, is amended by striking the period at the end and inserting the following: "; except tnat a motor carrier (other than a motor carrier providing transportation of household goods) or freight forwarder (other than a household goods freight forwarder)— "(1) must begin such a civil action within 2 years after the claim accrues if the transportation or service is provided by the carrier in the 1-year period beginning on the date of the enactment of the Negotiated Rates Act of 1993; and "(2) must begin such a civil action within 18 months after the claim accrues if the transportation or service is provided by the carrier after the last day of such 1-year period.". (b) MOTOR CARRIER OVERCHARGES.—Section 11706(b) of title 49, United States Code, is amended by striking ". If that claim is against a common carrier" and inserting the following: "; except that a person must begin a civil action to recover overcharges from a motor carrier subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for transportation or service— "(1) within 2 years after the claim accrues if such transportation or service is provided in the 1-year period beginning on the date of the enactment of the Negotiated Rate Act of 1993; and "(2) within 18 months after the claim accrues if such transportation or service is provided after the last day of such 1-year period. If the claim is against a common carrier". (c) CONFORMING AMENDMENT. —Section 11706(d) of title 49, United States Code, is amended— (1) by striking "3-year period" each place it appears and inserting "limitation periods"; (2) Dy striking "is extended" the first place it appears and inserting "are extended"; and (3) by striking "each". SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CARRIERS OF PROPERTY. (a) IN GENERAL. —Chapter 117 of title 49, United States Code, is amended by adding at the end the following:

    • § 11712. Tariff reconciliation rules for motor common carriers of property

"(a) MUTUAL CONSENT.— Subject to Commission review and approval, motor carriers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and under-