---
kind: "section"
citation: "49 U.S.C. § 11705"
title: "49"
title_heading: "Transportation"
number: "11705"
heading: "Limitation on actions by and against rail carriers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/11705"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 117 — Enforcement: Investigations, Rights, and Remedies"
---

# §11705. Limitation on actions by and against rail carriers

- (a) A [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) or service subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part must begin a civil action to recover charges for [transportation](/usc/49/10102.md?p=9) or service provided by the [carrier](/usc/49/13102.md?p=3) within 3 years after the claim accrues.
- (b) A [person](/usc/49/13102.md?p=18) must begin a civil action to recover overcharges under [section 11704(b) of this title](/usc/49/11704.md?p=b) within 3 years after the claim accrues, whether or not a complaint is filed under [section 11704(c)(1)](/usc/49/11704.md?p=c-1).
- (c) A [person](/usc/49/13102.md?p=18) must file a complaint with the [Board](/usc/49/10102.md?p=1) to recover damages under [section 11704(b) of this title](/usc/49/11704.md?p=b) within 2 years after the claim accrues.
- (d) The limitation period under [subsection (b)](#b) of this section is extended for 6 months from the time written notice is given to the claimant by the [rail carrier](/usc/49/10102.md?p=5) of disallowance of any part of the claim specified in the notice if a written claim is given to the [rail carrier](/usc/49/10102.md?p=5) within that limitation period. The limitation periods under subsections [(b)](#b) and [(c)](#c) of this section are extended for 90 days from the time the [rail carrier](/usc/49/10102.md?p=5) begins a civil action under [subsection (a)](#a) of this section to recover charges related to the same [transportation](/usc/49/10102.md?p=9) or service, or collects (without beginning a civil action under that subsection) the charge for that [transportation](/usc/49/10102.md?p=9) or service if that action is begun or collection is made within the appropriate period.
- (e) A [person](/usc/49/13102.md?p=18) must begin a civil action to enforce an order of the [Board](/usc/49/10102.md?p=1) against a [rail carrier](/usc/49/10102.md?p=5) for the payment of money within one year after the date the order required the money to be paid.
- (f) This section applies to [transportation](/usc/49/10102.md?p=9) for the [United States](/usc/49/10102.md?p=10) Government. The time limitations under this section are extended, as related to [transportation](/usc/49/10102.md?p=9) for or on behalf of the [United States](/usc/49/10102.md?p=10) Government, for 3 years from the date of—
  - (1) payment of the [rate](/usc/49/10102.md?p=7) for the [transportation](/usc/49/10102.md?p=9) or service involved;
  - (2) subsequent refund for overpayment of that [rate](/usc/49/10102.md?p=7); or
  - (3) deduction made under [section 3726 of title 31](/usc/31/3726.md), whichever is later.
- (g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the [rail carrier](/usc/49/10102.md?p=5).

## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 847.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

A prior section 11705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451; Pub. L. 99–521, § 12(b), Oct. 22, 1986, 100 Stat. 2998, related to rights and remedies of persons injured by certain carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11704, 14704, and 15904 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.