---
kind: "section"
citation: "49 U.S.C. § 13711"
title: "49"
title_heading: "Transportation"
number: "13711"
heading: "Alternative procedure for resolving undercharge disputes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/13711"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders"
  - "Chapter 137 — Rates and Through Routes"
---

# §13711. Alternative procedure for resolving undercharge disputes

- (a) **General Rule.—** It shall be an unreasonable practice for a [motor carrier](/usc/49/13102.md?p=14) of property (other than a [household goods](/usc/49/13102.md?p=10) [carrier](/usc/49/13102.md?p=3)) providing [transportation](/usc/49/10102.md?p=9) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV/ptB/ch135.md) or, before January 1, 1996, to have provided [transportation](/usc/49/10102.md?p=9) that was subject to jurisdiction under subchapter II of [chapter 105](/usc/49/chstIV/ptA/ch105.md), as in effect on December 31, 1995, a [freight forwarder](/usc/49/13102.md?p=8) (other than a [household goods freight forwarder](/usc/49/13102.md?p=11)), or a party representing such a [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) to attempt to charge or to charge for a [transportation](/usc/49/10102.md?p=9) service the difference between (1) the applicable [rate](/usc/49/10102.md?p=7) that was lawfully in effect pursuant to a tariff that was filed in accordance with this chapter or, with respect to [transportation](/usc/49/10102.md?p=9) provided before January 1, 1996, in accordance with [chapter 107](/usc/49/chstIV/ptA/ch107.md), as in effect on the date the [transportation](/usc/49/10102.md?p=9) was provided, by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) applicable to such [transportation](/usc/49/10102.md?p=9) service, and (2) the negotiated [rate](/usc/49/10102.md?p=7) for such [transportation](/usc/49/10102.md?p=9) service if the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) is no longer transporting property between places described in [section 13501(1)](/usc/49/13501.md?p=1) or is transporting property between places described in [section 13501(1)](/usc/49/13501.md?p=1) for the purpose of avoiding application of this section.
- (b) **Jurisdiction of Board.—**
  - (1) **Determination.—** The [Board](/usc/49/10102.md?p=1) shall have jurisdiction to make a determination of whether or not attempting to charge or the charging of a [rate](/usc/49/10102.md?p=7) by a [motor carrier](/usc/49/13102.md?p=14) or [freight forwarder](/usc/49/13102.md?p=8) or party representing a [motor carrier](/usc/49/13102.md?p=14) or [freight forwarder](/usc/49/13102.md?p=8) is an unreasonable practice under [subsection (a)](#a). If the [Board](/usc/49/10102.md?p=1) determines that attempting to charge or the charging of the [rate](/usc/49/10102.md?p=7) is an unreasonable practice under [subsection (a)](#a), the [carrier](/usc/49/13102.md?p=3), [freight forwarder](/usc/49/13102.md?p=8), or party may not collect the difference described in [subsection (a)](#a) between the applicable [rate](/usc/49/10102.md?p=7) and the negotiated [rate](/usc/49/10102.md?p=7) for the [transportation](/usc/49/10102.md?p=9) service.
  - (2) **Factors to consider.—** In making a determination under [paragraph (1)](#b-1), the [Board](/usc/49/10102.md?p=1) shall consider—
    - (A) whether the [person](/usc/49/13102.md?p=18) was offered a [transportation](/usc/49/10102.md?p=9) [rate](/usc/49/10102.md?p=7) by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party other than that legally on file with the Interstate Commerce Commission or the [Board](/usc/49/10102.md?p=1), as required, at the time of the movement for the [transportation](/usc/49/10102.md?p=9) service;
    - (B) whether the [person](/usc/49/13102.md?p=18) tendered freight to the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) in reasonable reliance upon the offered [transportation](/usc/49/10102.md?p=9) [rate](/usc/49/10102.md?p=7);
    - (C) whether the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) did not properly or timely file with the Interstate Commerce Commission or the [Board](/usc/49/10102.md?p=1), as required, a tariff providing for such [transportation](/usc/49/10102.md?p=9) [rate](/usc/49/10102.md?p=7) or failed to enter into an agreement for [contract carriage](/usc/49/13102.md?p=4);
    - (D) whether the [transportation](/usc/49/10102.md?p=9) [rate](/usc/49/10102.md?p=7) was billed and collected by the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8); and
    - (E) whether the [carrier](/usc/49/13102.md?p=3) or [freight forwarder](/usc/49/13102.md?p=8) or party demands additional payment of a higher [rate](/usc/49/10102.md?p=7) filed in a tariff.
- (c) **Stay of Additional Compensation.—** When a [person](/usc/49/13102.md?p=18) proceeds under this section to challenge the reasonableness of the practice of a [motor carrier](/usc/49/13102.md?p=14), [freight forwarder](/usc/49/13102.md?p=8), or party described in [subsection (a)](#a) to attempt to charge or to charge the difference described in [subsection (a)](#a) between the applicable [rate](/usc/49/10102.md?p=7) and the negotiated [rate](/usc/49/10102.md?p=7) for the [transportation](/usc/49/10102.md?p=9) service in addition to those charges already billed and collected for the [transportation](/usc/49/10102.md?p=9) service, the [person](/usc/49/13102.md?p=18) shall not have to pay any additional compensation to the [carrier](/usc/49/13102.md?p=3), [freight forwarder](/usc/49/13102.md?p=8), or party until the [Board](/usc/49/10102.md?p=1) has made a determination as to the reasonableness of the practice as applied to the freight of the [person](/usc/49/13102.md?p=18) against whom the claim is made.
- (d) **Treatment.—** [Subsection (a)](#a) is an exception to the requirements of [section 13702](/usc/49/13702.md) and, for [transportation](/usc/49/10102.md?p=9) provided before January 1, 1996, to the requirements of sections 10761(a) and 10762, as in effect on December 31, 1995, as such sections relate to a filed tariff [rate](/usc/49/10102.md?p=7) and other general tariff requirements.
- (e) **Nonapplicability of Negotiated Rate Dispute Resolution Procedure.—** If a [person](/usc/49/13102.md?p=18) elects to seek enforcement of [subsection (a)](#a) with respect to a [rate](/usc/49/10102.md?p=7) for a [transportation](/usc/49/10102.md?p=9) or service, [section 13709](/usc/49/13709.md) shall not apply to such [rate](/usc/49/10102.md?p=7).
- (f) **Definitions.—** In this section, the term “negotiated [rate](/usc/49/10102.md?p=7)” means a [rate](/usc/49/10102.md?p=7), charge, classification, or rule agreed upon by a [motor carrier](/usc/49/13102.md?p=14) or [freight forwarder](/usc/49/13102.md?p=8) and a shipper through negotiations pursuant to which no tariff was lawfully and timely filed and for which there is written evidence of such agreement.
- (g) **Applicability to Pending Cases.—** This section shall apply to all cases and proceedings pending on January 1, 1996.

## Source credit

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 877; amended Pub. L. 104–287, § 5(31), Oct. 11, 1996, 110 Stat. 3391.)

## Notes

### Historical and Revision Notes

### Pub. L. 104–287

This amends 49:13711(a), (d), and (g) by setting out the effective date of 49:13711 and for clarity and consistency.

### Editorial Notes

### References in Text

Subchapter II of chapter 105, referred to in subsec. (a), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

Chapter 107, as in effect on the date transportation was provided, referred to in subsec. (a), means chapter 107 of this title, as in effect on the date transportation was provided with respect to transportation provided before Jan. 1, 1996. Chapter 107 (§ 10701 et seq.) was omitted and a new chapter 107 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, 809, effective Jan. 1, 1996.

Sections 10761(a) and 10762, referred to in subsec. (d), were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

### Prior Provisions

Provisions similar to those in this section were contained in section 2(e) of Pub. L. 103–180, set out as a note under former section 10701 of this title.

### Amendments

1996—Subsec. (a). Pub. L. 104–287, § 5(31)(A), substituted “or, before January 1, 1996” for “or, before the effective date of this section”, “December 31, 1995” for “the day before the effective date of this section”, and “provided before January 1, 1996” for “provided before the effective date of this section”.

Subsec. (d). Pub. L. 104–287, § 5(31)(B), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before such effective date”.

Subsec. (g). Pub. L. 104–287, § 5(31)(C), substituted “January 1, 1996” for “the effective date of this section”.

### 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.

### Abolition of Interstate Commerce Commission

Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.