Sec. 10. Charge complaints
246 words·~1 min read·
/bill/117/s/3580/rs/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 413 of title 46, United States Code, is amended by adding at the end the following: A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning charges. The information submitted to the Commission may include the bill of lading numbers, certifications, or any other relevant information. Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a).
The common carrier shall— be provided an opportunity to submit additional information related to the charge in question; and bear the burden of establishing the reasonableness of any demurrage or detention charges which are the subject of any complaint proceeding challenging a common carrier or marine terminal operator demurrage or detention charge pursuant to section 545.5 of title 46, Code of Federal regulations (or successor regulations). Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a), the Commission shall promptly order the refund of any demurrage and detention charges paid.
In the event of a finding that a charge does not comply with section 41104(a) after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge. . The analysis for chapter 413 of title 46, United States Code, is amended by adding at the end the following: 41310. Charge complaints. .