49 CFR Part 1130 — Informal Complaints

PART 1130—INFORMAL COMPLAINTS Authority: 49 U.S.C. 1321, 13301(f), 14709. § 1130.1 When no damages sought. (a) Form and content. (b) Correspondence handling. (c) Discontinuance of informal proceeding. [47 FR 49570, Nov. 1, 1982, as amended at 48 FR 44827, Sept. 30, 1983; 69 FR 12806, Mar. 18, 2004; 82 FR 57382, Dec. 5, 2017; 84 FR 12944, Apr. 3, 2019] § 1130.2 When damages sought. (a) Actual filing required. (b) Content. (1) A statement that complainant seeks to recover damages; (2) The names of each individual seeking damages; (3) The names and addresses of defendants against which claim is made; (4) The commodities, the rate applied, the date on which the charges were paid, the names of the parties paying the charges, and, if different, the names of the parties bearing the charges; (5) The period of time within which or the specific dates upon which the shipments were made, and the dates when they were delivered or tendered for delivery; (6) The specific origin and destination points or, where they are numerous, the territorial or rate group of the origin and destination points and, if known, the routes of movement; and (7) The nature and amount of the injury sustained by each claimant. (c) Statement of prior claim. (d) Copies. (e) [Reserved] (f) Notification to the parties; six months' rule. (g) Tariff reconciliation proceedings for motor common carriers Petitions to waive collection or permit payment. (i) The name(s) and address(es) of the payer(s) of the freight charges; (ii) The name(s) of the carrier(s) involved in the traffic; (iii) An estimate of the amount(s) involved; (iv) The time period when the shipment(s) involved were delivered or tendered for delivery; (v) A general description of the point(s) of origin and destination of the shipment(s); (vi) A general description of the commodity(ies) transported; (vii) A statement certifying that the carrier(s) and shipper(s) participating in the shipment(s) or the payer(s) of the freight charges concur(s) with the intent to depart from the filed rate; and (viii) A brief explanation of the incorrect tariff provision(s) or billing error(s) causing the request to depart from the filed rate. (2) Public notice and protest. (3) Uncontested petitions. (4) Contested petitions. [47 FR 49570, Nov. 1, 1982, as amended at 50 FR 15901, Apr. 23, 1985; 51 FR 5713, Feb. 18, 1986; 52 FR 26479, July 15, 1987; 53 FR 19301, May 27, 1988; 60 FR 2544, Jan. 10, 1995; 62 FR 50884, Sept. 29, 1997; 84 FR 12944, Apr. 3, 2019; 91 FR 4855, Feb. 3, 2026]

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