Section 737.3 Of Article 2. Rates From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 2.
737.3
. (a) (1) A highway carrier, as defined by subdivision (c), a
freight forwarder, a party representing a carrier or freight
forwarder, or an assignee of a carrier or freight forwarder shall
not, based on a filed tariff or a filed contract, collect or attempt
to collect any additional charge in excess of the charge originally
billed by the carrier or freight forwarder for transportation service
previously provided subject to the jurisdiction of the commission,
except where there are mistakes in billing that are acknowledged by
both parties or that are the result of intentional misrepresentation
by the shipper.
(2) Similarly, the person or entity against whom a claim has been
made under the circumstances described in paragraph (1) shall not be
liable for additional amounts based on a filed tariff or a filed
contract, except where there are mistakes in billing acknowledged by
both parties or that are the result of intentional misrepresentation
by the shipper.
(b) For the purposes of this section, the term "claimant" shall
mean the carrier or freight forwarder, or its assignee or
representative making a claim for the collection of rates and charges
in addition to those originally billed and collected for the
transportation.
(c) "Highway carrier" or "carrier" means every corporation or
person, their lessees, trustees, receivers or trustees appointed by
any court whatsoever, engaged in transportation of property for
compensation or hire as a business over any public highway in this
state by means of a motor vehicle, except that "highway carrier" does
not include:
(1) Any farmer resident of this state who occasionally transports
from the place of production to a warehouse, regular market, place of
storage, or place of shipment the farm products of neighboring
farmers in exchange for like services or for a cash consideration or
farm products for compensation.
(2) Persons or corporations hauling their own property.
(3) Any farmer operating a motor vehicle used exclusively in the
transportation of his or her livestock and agricultural commodities
or in the transportation of supplies to his or her farm.
(4) Any nonprofit agricultural cooperative association organized
and acting within the scope of its powers under Chapter 1 (commencing
with Section 54001) of Division 20 of the Agricultural Code to the
extent only that it is engaged in transporting its own property or
the property of its members.
(5) Any person exclusively transporting United States mail
pursuant to a contract with the United States government.
(6) Any integrated intermodal small package carrier which is
registered subject to Chapter 2.7 (commencing with Section 4120).
(7) Any household goods carrier, as defined in Section 5109.
(d) For purposes of this section, "mistakes in billing" include,
but are not limited to, matters such as clerical errors, billing for
transportation of a different commodity than the commodity actually
shipped, and billing for transportation of a smaller amount of the
commodity than the amount actually shipped.
(e) This section shall apply to all claims arising from
transportation performed (in whole or in part) before January 1,
1995, including all lawsuits or claims pending on the effective date
of this section.
(f) If any claim that qualifies under this section was settled by
mutual agreement of the parties to the claim, or resolved by a final
adjudication of a federal or state court, before the effective date
of this section, the settlement or adjudication shall be treated as
binding, enforceable, and not contrary to law, unless the settlement
was agreed to as a result of fraud or coercion.
(g) If the claimant has filed, on or before the effective date of
this section, a suit for the collection of additional freight
charges, the claimant shall notify the person, or entity, from whom
additional freight charges are sought of the provisions of this
section within 30 days of the effective date of this section.
(h) If, on or before the effective date of this section, the
claimant has demanded the payment of additional freight charges and
has not filed a suit for the collection of additional freight
charges, the claimant shall notify the person, or entity, from whom
additional freight charges are sought of the provisions of this
section within 30 days of the effective date of this section.