US Code

Public Law 119-73 (01/23/2026)

49 U.S.C. § 11707

Liability when property is delivered in violation of routing instructions

(a)
(1)
When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2)
A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3)
A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
(b)
The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.

Pub. L. 104–88, title I, § 102(a)109 Stat. 849(Added , , .)

Editorial Notes

Prior Provisions

section 11710 of this titlePub. L. 104–88, § 102(a)Provisions similar to those in this section were contained in prior to the general amendment of this subtitle by .

Pub. L. 104–88, § 102(a)Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by .

Pub. L. 95–47392 Stat. 1453Pub. L. 96–258, § 1(14)94 Stat. 427Pub. L. 96–296, § 26(b)94 Stat. 818Pub. L. 96–448, title II, § 211(c)94 Stat. 1911Pub. L. 99–521, § 12(d)100 Stat. 2998Pub. L. 100–690, title IX, § 9114102 Stat. 4535Section 11707, , , ; , , ; , , ; , , ; , , ; , , , related to liability of common carriers under receipts and bills of lading. See sections 11706, 14706, and 15906 of this title.

Pub. L. 95–47392 Stat. 1454Pub. L. 99–521, § 12(e)(1)100 Stat. 2998section 14707 of this titleSection 11708, , , ; , (2), , , related to private enforcement of motor carrier and household goods freight forwarder licensing requirements. See .

Pub. L. 95–47392 Stat. 1454Section 11709, , , , related to liability for issuance of securities by certain carriers.

Pub. L. 95–47392 Stat. 1455section 11707 of this titleSection 11710, , , , related to liability when property is delivered in violation of routing instructions. See .

Pub. L. 96–454, § 7(a)(1)94 Stat. 2016Pub. L. 97–261, § 6(d)(2)96 Stat. 1107section 14708 of this titleSection 11711, added , , ; amended , , , related to dispute settlement program for household goods carriers. See .

Pub. L. 103–180, § 4(a)107 Stat. 2049section 14709 of this titleSection 11712, added , , , related to tariff reconciliation rules for motor common carriers of property. See .

Statutory Notes and Related Subsidiaries

Effective Date

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