Overcharge claim filing statute of limitations vary depending on transportation mode. In 1994, the Transportation Regulatory Reform Act relieved motor carriers from having to file their rate tariffs with the Interstate Commerce Commission and the time limitation for filing claims was defined as 180 days from the issuing of the original freight bill. Over a number of years, this statute would protect shippers from the constant undercharge collections by carriers, but also counteract those collections with a time limitation on overcharge claim filings.
Motor carriers that subscribe to the National Motor Freight Classification manual can find information regarding the time limitations for filing overcharge and undercharge claims in Item 300320: “All claims must be filed within 180 days from the receipt of the original invoice. Receipt of original invoice shall be determined to be 5 business days from the invoice date” (NMF 100-AP effective 02/06/2016 Item 300320 (a)).
According to CFR Title 49, rail carriers must continue to comply with Board accounting and reporting requirements and must maintain copies of rates, charges, rules or regulations for inspection. The statute of limitations varies for rail carriers based on two main factors: tariff versus contract and commodity shipped. Commodities exempt from regulation can be found in Subtitle B, Chapter X, Subchapter A, parts 1039.10 and 1039.11. Private agreements will default to—and exempt commodities will fall under—the carrier’s rules tariff for statute guidelines, with a few certain exceptions. If a commodity is still regulated and moves under public tariff, claimants have three years within which to file a claim.
Even though 2016 is coming to an end, AMTR can review your invoices to help recover past overcharges and look forward to finding future ones, as well.